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Practice Of Real Estate DisclosuresMello_roos_and_special_taxesMEDIUM

A California buyer receives the Mello-Roos disclosure and notices the property has a 'maximum special tax' that is higher than the 'current special tax.' The buyer asks what this means. What is the correct explanation?

Correct Answer

A) The maximum tax is the highest amount the CFD can ever levy, serving as a cap; the current tax is the amount actually being charged this year

The CFD's resolution of formation establishes a maximum special tax rate, which serves as a ceiling on what can be levied. The current tax is the amount actually charged in the current year, which may be less than the maximum. The CFD has authority to increase the tax up to the maximum if needed to cover bond payments and authorized services.

Answer Options
A
The maximum tax is the highest amount the CFD can ever levy, serving as a cap; the current tax is the amount actually being charged this year
B
The maximum tax is the total lifetime tax obligation, while the current tax is the annual amount
C
The maximum tax applies only if the property owner defaults on mortgage payments
D
The maximum tax and current tax are always the same amount

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Related Topics & Key Terms

Key Terms:

mello_roosmaximum_taxcurrent_taxcapGov_Code_53321

Related Concepts

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

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