6610. As a separate, distinct and cumulative remedy, the holder of
any bond upon which any payment either upon the principal or of the
interest has become delinquent may, if the city which initiated the
proceedings is not a county, at any time after three months after the
date it is provided by ordinance or charter of the city that taxes
are due, or if a county initiated the proceedings or collects the
taxes for the city at any time after four months next succeeding the
fourth Monday of September, following the date of delinquency of
principal or interest and prior to the expiration of four years after
the due date of the last installment upon any bond or of the last
principal coupon attached thereto, file and maintain an action to
foreclose the lien of the bond and recover the amount due thereon.
No action shall be commenced pursuant to this section until the
expiration of 15 days after a notice containing the amount of the
payment due, the date the payment is or was due, penalties which may
accrue for failure to pay, and notice of the foreclosure action which
may occur if payment is not made is mailed, postage prepaid and
registered, by the bondholder, or his representative, to the owner of
the property at his last known address as it appears on the tax
rolls.
6611. The action may be brought also at any time following the
expiration of 30 days after the service of personal demand for
payment upon the owner of the premises. Such demand shall be served
in the manner provided by law for the service of a summons in a civil
action. If the action is brought costs for the service of the demand
shall be allowed in an amount equivalent to the fees prescribed by
law for the service of summons.
The demand shall be in substantially the following form:
"Demand for Payment of Street Improvement Bond
You are hereby notified that Bond No. ____ Series No. ____ for an
improvement in the City (or County) of ____ is delinquent. Unless the
amount of the unpaid principal on said bond together with interest
and penalties is paid to the city (or county) treasurer on or before
30 days after the service on you of this demand, the date of such
service being this ____ day of ____, 19__, the undersigned will
institute suit to foreclose the lien of said bond in the manner
prescribed by law."
6612. The action shall be brought in the superior court of the
county in which the proceedings were initiated and if the owner of
the lot or parcel of land covered by the bond can not with due
diligence be found, the service of summons in such action may be had
in the manner prescribed by law.
6613. The complaint in the action shall be sufficient if it sets
forth a true copy of the bond and makes appropriate allegations
regarding the payments made upon the principal and interest of the
bond and the mailing of the notice required pursuant to Section 6610.
If personal demand for payment is made the complaint shall so
allege.
6614. The bond, together with proof, either orally by the treasurer
or by a certificate signed by him showing the nonpayment of any of
the principal or interest upon the bond, shall be prima facie
evidence of the right of the plaintiff to recover in the action. If
personal demand for payment was made, proof of personal service of
the demand shall be required.
6615. The court may adjudge and decree a lien against the lot or
parcel of land covered by the bond and cause the premises to be sold
as in other cases of the sale of real estate by the process of the
court to satisfy and discharge the bond and lien, and the amount of
interest and penalties due shall be calculated at the rates and in
the manner specified in this part for such calculation of interest
and penalties, and shall be calculated and allowed up to the date of
judgment. The court having jurisdiction of the action shall also fix
and allow a reasonable attorney's fee for the prosecution of the
action.
6616. The plaintiff in the action may also recover the actual cost
of any abstract or report of search of title procured in good faith,
in order to determine ownership, if it is made by a reputable
abstracter or title company, if the abstract or report of search with
an affidavit of payment is filed in the action.
6618. The action shall be governed and regulated by the provisions
of this chapter and by the other provisions of law which are not in
conflict herewith.
6619. A written notice of the pendency of any action for recovery
on a bond shall be filed with the treasurer. After the filing of such
notice the treasurer shall not receive any money on account of the
bond and shall have no authority to cancel the entries on the bond in
the register or give a discharge of the bond without the written
consent of the owner thereof until judgment has been rendered in the
action or until it has been dismissed.
Upon the entry of judgment or dismissal of the action the clerk of
the court shall forthwith mail to the treasurer a certified copy of
the judgment or other evidence sufficient to advise the treasurer of
the judgment of the court in the action.
6620. If an action is brought for recovery on any bond prior to the
time specified in this chapter, the plaintiff shall not recover in
such action and the defendant shall be entitled to have and recover
such attorney fees as the court deems reasonable, in addition to all
taxable costs.
6621. Whenever a bond is foreclosed pursuant to this chapter, the
decree of foreclosure shall direct the clerk of the court to deliver
the bond sued upon to the treasurer of the city which issued said
bond together with a memorandum setting forth the title and number of
the action and the fact that the bond has been foreclosed.
6622. The treasurer shall cancel the bond upon the records and
deliver to the clerk of the court a receipt substantially in the
following form:
"Certificate of Cancellation of Street Improvement Bond Series
(designating it), in the City (or County) of (naming it).
$__________/100 No. ____
I, ____, Treasurer of the City (or County) of ____ do hereby
certify that I have received the above bond from the clerk of the
Superior Court of ____ (naming county) in that certain foreclosure
action entitled ____ vs. ____ No. ____, Superior Court of ____
County; and I have this day canceled said bond on my records,
pursuant to the order of the court made in said case.
Dated at_____, this_____ day of_____, 20__.
_________________________________
Treasurer of the City (or
County) of ______________________
By ______________________________
Deputy"
6623. The clerk of the court shall enter the judgment or decree of
foreclosure in the action upon the delivery of the certificate of
cancellation.
6610. As a separate, distinct and cumulative remedy, the holder of
any bond upon which any payment either upon the principal or of the
interest has become delinquent may, if the city which initiated the
proceedings is not a county, at any time after three months after the
date it is provided by ordinance or charter of the city that taxes
are due, or if a county initiated the proceedings or collects the
taxes for the city at any time after four months next succeeding the
fourth Monday of September, following the date of delinquency of
principal or interest and prior to the expiration of four years after
the due date of the last installment upon any bond or of the last
principal coupon attached thereto, file and maintain an action to
foreclose the lien of the bond and recover the amount due thereon.
No action shall be commenced pursuant to this section until the
expiration of 15 days after a notice containing the amount of the
payment due, the date the payment is or was due, penalties which may
accrue for failure to pay, and notice of the foreclosure action which
may occur if payment is not made is mailed, postage prepaid and
registered, by the bondholder, or his representative, to the owner of
the property at his last known address as it appears on the tax
rolls.
6611. The action may be brought also at any time following the
expiration of 30 days after the service of personal demand for
payment upon the owner of the premises. Such demand shall be served
in the manner provided by law for the service of a summons in a civil
action. If the action is brought costs for the service of the demand
shall be allowed in an amount equivalent to the fees prescribed by
law for the service of summons.
The demand shall be in substantially the following form:
"Demand for Payment of Street Improvement Bond
You are hereby notified that Bond No. ____ Series No. ____ for an
improvement in the City (or County) of ____ is delinquent. Unless the
amount of the unpaid principal on said bond together with interest
and penalties is paid to the city (or county) treasurer on or before
30 days after the service on you of this demand, the date of such
service being this ____ day of ____, 19__, the undersigned will
institute suit to foreclose the lien of said bond in the manner
prescribed by law."
6612. The action shall be brought in the superior court of the
county in which the proceedings were initiated and if the owner of
the lot or parcel of land covered by the bond can not with due
diligence be found, the service of summons in such action may be had
in the manner prescribed by law.
6613. The complaint in the action shall be sufficient if it sets
forth a true copy of the bond and makes appropriate allegations
regarding the payments made upon the principal and interest of the
bond and the mailing of the notice required pursuant to Section 6610.
If personal demand for payment is made the complaint shall so
allege.
6614. The bond, together with proof, either orally by the treasurer
or by a certificate signed by him showing the nonpayment of any of
the principal or interest upon the bond, shall be prima facie
evidence of the right of the plaintiff to recover in the action. If
personal demand for payment was made, proof of personal service of
the demand shall be required.
6615. The court may adjudge and decree a lien against the lot or
parcel of land covered by the bond and cause the premises to be sold
as in other cases of the sale of real estate by the process of the
court to satisfy and discharge the bond and lien, and the amount of
interest and penalties due shall be calculated at the rates and in
the manner specified in this part for such calculation of interest
and penalties, and shall be calculated and allowed up to the date of
judgment. The court having jurisdiction of the action shall also fix
and allow a reasonable attorney's fee for the prosecution of the
action.
6616. The plaintiff in the action may also recover the actual cost
of any abstract or report of search of title procured in good faith,
in order to determine ownership, if it is made by a reputable
abstracter or title company, if the abstract or report of search with
an affidavit of payment is filed in the action.
6618. The action shall be governed and regulated by the provisions
of this chapter and by the other provisions of law which are not in
conflict herewith.
6619. A written notice of the pendency of any action for recovery
on a bond shall be filed with the treasurer. After the filing of such
notice the treasurer shall not receive any money on account of the
bond and shall have no authority to cancel the entries on the bond in
the register or give a discharge of the bond without the written
consent of the owner thereof until judgment has been rendered in the
action or until it has been dismissed.
Upon the entry of judgment or dismissal of the action the clerk of
the court shall forthwith mail to the treasurer a certified copy of
the judgment or other evidence sufficient to advise the treasurer of
the judgment of the court in the action.
6620. If an action is brought for recovery on any bond prior to the
time specified in this chapter, the plaintiff shall not recover in
such action and the defendant shall be entitled to have and recover
such attorney fees as the court deems reasonable, in addition to all
taxable costs.
6621. Whenever a bond is foreclosed pursuant to this chapter, the
decree of foreclosure shall direct the clerk of the court to deliver
the bond sued upon to the treasurer of the city which issued said
bond together with a memorandum setting forth the title and number of
the action and the fact that the bond has been foreclosed.
6622. The treasurer shall cancel the bond upon the records and
deliver to the clerk of the court a receipt substantially in the
following form:
"Certificate of Cancellation of Street Improvement Bond Series
(designating it), in the City (or County) of (naming it).
$__________/100 No. ____
I, ____, Treasurer of the City (or County) of ____ do hereby
certify that I have received the above bond from the clerk of the
Superior Court of ____ (naming county) in that certain foreclosure
action entitled ____ vs. ____ No. ____, Superior Court of ____
County; and I have this day canceled said bond on my records,
pursuant to the order of the court made in said case.
Dated at_____, this_____ day of_____, 20__.
_________________________________
Treasurer of the City (or
County) of ______________________
By ______________________________
Deputy"
6623. The clerk of the court shall enter the judgment or decree of
foreclosure in the action upon the delivery of the certificate of
cancellation.
6610. As a separate, distinct and cumulative remedy, the holder of
any bond upon which any payment either upon the principal or of the
interest has become delinquent may, if the city which initiated the
proceedings is not a county, at any time after three months after the
date it is provided by ordinance or charter of the city that taxes
are due, or if a county initiated the proceedings or collects the
taxes for the city at any time after four months next succeeding the
fourth Monday of September, following the date of delinquency of
principal or interest and prior to the expiration of four years after
the due date of the last installment upon any bond or of the last
principal coupon attached thereto, file and maintain an action to
foreclose the lien of the bond and recover the amount due thereon.
No action shall be commenced pursuant to this section until the
expiration of 15 days after a notice containing the amount of the
payment due, the date the payment is or was due, penalties which may
accrue for failure to pay, and notice of the foreclosure action which
may occur if payment is not made is mailed, postage prepaid and
registered, by the bondholder, or his representative, to the owner of
the property at his last known address as it appears on the tax
rolls.
6611. The action may be brought also at any time following the
expiration of 30 days after the service of personal demand for
payment upon the owner of the premises. Such demand shall be served
in the manner provided by law for the service of a summons in a civil
action. If the action is brought costs for the service of the demand
shall be allowed in an amount equivalent to the fees prescribed by
law for the service of summons.
The demand shall be in substantially the following form:
"Demand for Payment of Street Improvement Bond
You are hereby notified that Bond No. ____ Series No. ____ for an
improvement in the City (or County) of ____ is delinquent. Unless the
amount of the unpaid principal on said bond together with interest
and penalties is paid to the city (or county) treasurer on or before
30 days after the service on you of this demand, the date of such
service being this ____ day of ____, 19__, the undersigned will
institute suit to foreclose the lien of said bond in the manner
prescribed by law."
6612. The action shall be brought in the superior court of the
county in which the proceedings were initiated and if the owner of
the lot or parcel of land covered by the bond can not with due
diligence be found, the service of summons in such action may be had
in the manner prescribed by law.
6613. The complaint in the action shall be sufficient if it sets
forth a true copy of the bond and makes appropriate allegations
regarding the payments made upon the principal and interest of the
bond and the mailing of the notice required pursuant to Section 6610.
If personal demand for payment is made the complaint shall so
allege.
6614. The bond, together with proof, either orally by the treasurer
or by a certificate signed by him showing the nonpayment of any of
the principal or interest upon the bond, shall be prima facie
evidence of the right of the plaintiff to recover in the action. If
personal demand for payment was made, proof of personal service of
the demand shall be required.
6615. The court may adjudge and decree a lien against the lot or
parcel of land covered by the bond and cause the premises to be sold
as in other cases of the sale of real estate by the process of the
court to satisfy and discharge the bond and lien, and the amount of
interest and penalties due shall be calculated at the rates and in
the manner specified in this part for such calculation of interest
and penalties, and shall be calculated and allowed up to the date of
judgment. The court having jurisdiction of the action shall also fix
and allow a reasonable attorney's fee for the prosecution of the
action.
6616. The plaintiff in the action may also recover the actual cost
of any abstract or report of search of title procured in good faith,
in order to determine ownership, if it is made by a reputable
abstracter or title company, if the abstract or report of search with
an affidavit of payment is filed in the action.
6618. The action shall be governed and regulated by the provisions
of this chapter and by the other provisions of law which are not in
conflict herewith.
6619. A written notice of the pendency of any action for recovery
on a bond shall be filed with the treasurer. After the filing of such
notice the treasurer shall not receive any money on account of the
bond and shall have no authority to cancel the entries on the bond in
the register or give a discharge of the bond without the written
consent of the owner thereof until judgment has been rendered in the
action or until it has been dismissed.
Upon the entry of judgment or dismissal of the action the clerk of
the court shall forthwith mail to the treasurer a certified copy of
the judgment or other evidence sufficient to advise the treasurer of
the judgment of the court in the action.
6620. If an action is brought for recovery on any bond prior to the
time specified in this chapter, the plaintiff shall not recover in
such action and the defendant shall be entitled to have and recover
such attorney fees as the court deems reasonable, in addition to all
taxable costs.
6621. Whenever a bond is foreclosed pursuant to this chapter, the
decree of foreclosure shall direct the clerk of the court to deliver
the bond sued upon to the treasurer of the city which issued said
bond together with a memorandum setting forth the title and number of
the action and the fact that the bond has been foreclosed.
6622. The treasurer shall cancel the bond upon the records and
deliver to the clerk of the court a receipt substantially in the
following form:
"Certificate of Cancellation of Street Improvement Bond Series
(designating it), in the City (or County) of (naming it).
$__________/100 No. ____
I, ____, Treasurer of the City (or County) of ____ do hereby
certify that I have received the above bond from the clerk of the
Superior Court of ____ (naming county) in that certain foreclosure
action entitled ____ vs. ____ No. ____, Superior Court of ____
County; and I have this day canceled said bond on my records,
pursuant to the order of the court made in said case.
Dated at_____, this_____ day of_____, 20__.
_________________________________
Treasurer of the City (or
County) of ______________________
By ______________________________
Deputy"
6623. The clerk of the court shall enter the judgment or decree of
foreclosure in the action upon the delivery of the certificate of
cancellation.
