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Practice Of Real Estate DisclosuresMello_roos_and_special_taxesHARD

A California property in a Mello-Roos district is being sold. The seller's Mello-Roos bonds have a remaining balance of $28,000, and the annual tax is $3,400. The buyer asks the listing agent if they can negotiate for the seller to pay off the Mello-Roos bond balance at closing. Is this possible under California law?

Correct Answer

B) Yes, many CFDs allow property owners to prepay the outstanding bond allocation, often with a prepayment premium

Under California Government Code §53344.1, many CFDs include provisions allowing property owners to prepay their proportional share of the outstanding bonds. Prepayment typically requires a premium (often 1-3% of the outstanding balance). Once prepaid, the annual special tax on that property is eliminated or reduced. This can be negotiated as part of the purchase agreement.

Answer Options
A
No, Mello-Roos bonds cannot be prepaid under any circumstances
B
Yes, many CFDs allow property owners to prepay the outstanding bond allocation, often with a prepayment premium
C
Yes, but only the city council can authorize a bond prepayment, which takes 6 to 12 months
D
No, only the original bond purchaser can authorize prepayment of the bonds

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Related Topics & Key Terms

Key Terms:

mello_roosprepaymentbond_payoffnegotiationGov_Code_53344.1

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