First time home buyer wants purchase property without mello-roos! HOA fee.
• Real Estate Broker was informed by buyer with witness not show home with HOA or mello-roos.
I purchase Bank owned foreclosures property in Patterson Ca 95363 on 05/29/08.
Received Stanislaus County 2008-2009 property tax on 11/1/08 looking at property tax information WPFA CFD No 2001-01 Direct Charge of $2,067.64 on tax bill. This is went I found out I have mello-roos tax on property purchase on 05/29/08.
MLS's for the Real Estate professionals where detailed listing information and property reports reside. California MLS 80028918 Listing shows Mello Roos. Real Estate Broker did not show me MLS Listing.
I went to century 21 real estate agent made copy of MSL. Under Miscellaneous HOA NO, Bonds /Asmts/Taxes YES Bnds /Asmts/Taxes Desc Mello Roos
PATTERSON GARDENS BAD Tax Code 50176 $421.60

PATTERSON GARDENS LMD Tax Code 50195 $391.32
Tax Code WPFA CFD No. 2001-01 $2,067.64

THE RESIDENTIAL DISCLOSURE LAW
SELLER OR AGENT FOR THE SELLER MUST DISCLOSE-IT'S THE LAW!
Under California Law, the seller of real property - or the agent for the seller - must disclose "accurate information of material fact" telling whether historical evidence indicates that an event of natural origin is likely to affect the desirability and value of the property, even if the property is listed "as is".

This report contains information about the Risk Elements which is derived from specified Public Records. The information provided in this report may be material in determining the condition of the Property as well as potential limitations or restrictions on development and maintenance of the Property. A number of California statutes apply to all real property within the State; however, California Civil Code Section 1102 (commonly known as the "Residential Disclosure Law") mandates the specific form of disclosures in relation to residential real property.
Agent did not verify all information of Mello Roos Tax to Buyers
IMPORTANT: This information was obtained from an independent tax information service using their proprietary database. It is
not a substitute for a title report, for special tax information that may be contained in a title report, or for title insurance. There is
a limited number of properties that may be subject to Special Assessment that are not included in this tax database. If the
Seller has any additional information on Special Tax Assessment(s) that do not appear in this report, this must be disclosed to
the buyer.
Pay $295,000.00 May 29, 2008 Property Value DROP $80,100.00 11/25/08
1. Loss went I sell. 2. Moving cost loss.
Professional's advice needed of an expert or the advice of a lawyer.

John DeRose
1409 Marigold Drive
Patterson Ca 95363
408-718-9997

Yes, you should get the advice of a lawyer. I doubt that any lawyers who may view this forum will offer their services for free by posting a response though.

If you had an attorney represent you at closing I would suggest that as a place to start.

John, I agree with Mr. F; you should consult the Attorney who represented you at Closing . . . . if you had one. I realize that in your Jurisdiction, Closings are often handled by Title Companies and Buyers are inclined to avoid the expense of having their own Counsel.

Beyond that, I am curious as to how the $295,000 Purchase Price was arrived at 6 months ago on 5/29/08, and how you have now concluded that the property has diminished in value by $80,100 to be worth only $214,900 today. Was an Appraisal involved in establishing either of these valuations ?

I gather that it is your contention that the value has declined by this $80,100 because of the presence of these Special Assessments (known as Mello-Roos in California). Did you see a copy of the HUD Closing Statement when you bought the property ? The existence of these Special Assessments should have been obvious to you at that time. Did the instructions to your Attorney include your objections to becoming involved in the purchase of any property which had one of these Special Assessments associated with it ?

I understand that you instructed the Real Estate Agent that you preferred to not be shown any property which belonged to a Home Owners Association or had any Special Assessments; but you did look at this one (maybe by accident); but you must have liked it to have proceded to make the Purchase. I doubt that the Agent could have done a Title Search, or search the Tax Records, on every property that you showed an interest in BEFORE allowing you to even look at it. Was the Real Estate Agent representing you, or the Seller ?

Thank you for making this Post. Special Assessments are seldom discussed on this Forum . . . . but they are very important in facilitating development in areas where it would not otherwise occur. The Community plays an important role in arranging for the Long Term Financing of Roads, Sidewalks, Water, Sewers, and other Utilities to be brought in and paid for over time by the Property Owners who actually benefit from their presence. These improvements are going to be paid for by someone, or they won't come to exist. Someplaces, these costs are built right into the General Tax Rate, and then people who do not directly benefit will gripe. Special Assessments, like your Mello-Roos, are a good compromise. Good Luck !

Our contract has a paragraph about special tax districts (similar to Mello Roos, see below), maybe yours had one also? Obligations of disclosure, by agents or owners vary from state to state, an attorney probably at this point would be your best source of advice.
Good luck!

8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.

1.Appraisal involved $295,000 Purchase Price.
2.$214,900 today.NO Appraisal.
3.HUD Closing Statement when you bought the property
4.Did look at this one(maybe by accident)NO.
Broker did not show me MLS Listing California MLS 80028918 Listing shows Mello Roos.
5.Estate Agent representing me.

The broker/agent DOES NOT verify information for the buyer or the seller!

The listing broker relays the information that the seller provides.This is why in my state's MLS we have "information deemed reliable but NOT GURANTEED"

It's on the buyer to investigate those issues with there "right of there own inquiry" with the local taxing authority.

People never want to take the time to investigate things.Taxes are just like school districts,surveys,inspections etc.

We have a BIG paragraph in our contracts that states when the buyers put in an offer the we ARE NOT an expert on all of these matters and for the buyer to seek competent legal advice with any questions.

I listed an REO where in one part of the subdivision your kids went to one school district and the other side went to another.One district was better than the other so the buyers wanted to know which one the house was in.

I told them to be certain to call the school board as things change month to month sometimes. They called and were in the better school district and purchased the REO.

As a broker you never want to put yourself into finding out information your not an expert on.

You can get an attorney but bottom line you are probably stuck paying it.

no legal advice