Section 45871 Of Article 2. The California Taxpayers’ Bill Of Rights From California Revenue And Taxation Code >> Division 2. >> Part 23. >> Chapter 6. >> Article 2.
45871
. (a) At least 30 days prior to the filing or recording of
liens under Chapter 14 (commencing with Section 7150) or Chapter 14.5
(commencing with Section 7220) of Division 7 of Title 1 of the
Government Code, the board shall mail to the fee payer a preliminary
notice. The notice shall specify the statutory authority of the board
for filing or recording the lien, indicate the earliest date on
which the lien may be filed or recorded, and state the remedies
available to the fee payer to prevent the filing or recording of the
lien. In the event fee liens are filed for the same liability in
multiple counties, only one preliminary notice shall be sent.
(b) The preliminary notice required by this section shall not be
required with respect to jeopardy determinations issued under Article
4 (commencing with Section 45351) of Chapter 3.
(c) If the board determines that the filing of a lien was in
error, it shall mail a release to the fee payer and the entity
recording the lien as soon as possible, but no later than seven days,
after this determination and receipt of lien recording information.
The release shall contain a statement that the lien was filed in
error. In the event the erroneous lien is obstructing a lawful
transaction, the board shall immediately issue a release of lien to
the fee payer and the entity recording the lien.
(d) When the board releases a lien that has been erroneously
filed, notice of that release shall be mailed to the fee payer and,
upon the request of the fee payer, a copy of the release shall be
mailed to the major credit reporting companies in the county where
the lien was filed.
(e) The board may release or subordinate a lien if the board
determines that the release or subordination will facilitate the
collection of the fee liability or will be in the best interest of
the state and the fee payer.