Section 955. Payments by mortgage investing institutions; receipts  


Latest version.
  • 1. A
      mortgage investing institution which receives moneys  from  a  mortgagor
      for  deposit  into a real property tax escrow account shall be liable to
      such mortgagor, upon failure to pay such taxes, for the  amount  of  the
      taxes plus penalties and interest imposed thereon.
        2. A mortgage investing institution may pay the taxes due on more than
      one   parcel   by  a  single  instrument,  provided  the  instrument  is
      accompanied by a detailed list of the  specific  parcels  to  which  the
      instrument  is  to be applied, each parcel identification number and the
      amount of tax to be paid with respect to each parcel. If the face  value
      of  the  instrument  is  at least equal to the total intended payment as
      indicated by such list, but the total intended payment  does  not  equal
      the  total  amount of taxes actually due on the parcels on the list, the
      collecting officer shall accept the instrument and record  as  paid  the
      taxes  due  on  each parcel for which the amount offered as set forth in
      such list is at least equal to the amount due on such parcel.  The  lien
      on  each  remaining  parcel  on  such  list  shall  not be discharged or
      diminished by the acceptance of such instrument. The collecting  officer
      shall  forthwith  advise the mortgage investing institution or its agent
      that the taxes  on  the  remaining  parcels  remain  unpaid,  and  shall
      identify  the  parcels  on  the list upon which taxes remain unpaid. The
      amount of the tender which has not been applied to the payment of  taxes
      shall be either retained to be applied toward tax payments or refunded.
        3.  No  later than three weeks after a tax has been paid by a mortgage
      investing institution pursuant to this  title,  the  collecting  officer
      shall  deliver  or  mail  a  receipt  to the mortgagor for whom the real
      property tax escrow account is maintained.  Each such receipt  shall  be
      in  the same format as a statement of taxes, except that the word "Paid"
      (or an equivalent word or words)  and  the  date  of  payment  shall  be
      clearly  displayed  thereon.    The  receipt  may  also  display, if the
      collecting  officer  so  elects,  the  name,  title  and  signature  (or
      initials) of the collecting officer or of the authorized subordinate who
      received the payment.
        4.  Notwithstanding  the  provisions of any other law to the contrary,
      and except in a school district, if a mortgage investing institution has
      failed to pay the taxes of its mortgagor by the date the warrant of  the
      collecting  officer  expires,  the  collecting officer shall provide the
      name  of  such  mortgage  investing  institution  with  the  return   of
      delinquent  taxes  delivered  to the public official charged by law with
      the duty of enforcing the collecting of delinquent real property  taxes.
      Thereafter,  whenever  such officer publishes a notice pertaining to the
      enforcement of delinquent taxes against a parcel listed on such  return,
      and  the  name  of  the  mortgagor  is included therein, the name of the
      mortgage investing institution shall also be included.