Section 6571 Of Chapter 9. Contesting Validity Of Sales And Deeds For Delinquency From California Streets And Highways Code >> Division 7. >> Part 5. >> Chapter 9.
6571
. Any action, suit, or proceeding attacking or contesting the
validity of any deed issued under the provisions of this division, or
the validity of the proceedings subsequent to the issuance of the
certificate of sale, shall be brought within 12 months after the
issuance of the deed, and if the validity of the deed or of the
proceedings is not contested within that 12 months' period, it shall
not be thereafter contested or questioned in any action, suit, or
proceeding, except that an action, suit, or proceeding with respect
to any deed of owner-occupied residential property may be brought
within 12 months after discovery of the issuance of the deed or, for
owner-occupied residential property sold between January 1, 1969, and
January 1, 1979, within 12 months after the enactment of the
amendments to this section made during the 1981-82 Regular Session of
the Legislature.
A defense to a proceeding pursuant to this section shall be that
the current owner of record is a bona fide purchaser for value.
The Legislature finds and declares that the court of appeal in
Atkins v. Kessler, 97 Cal. App. 3d 784, held that under the former
provisions of this division the statute of limitations in this
section could not be raised against an owner in possession of
residential real property during the entire period of delinquency and
sale because due process was violated. It is therefore the intent of
the Legislature that the amendments to this section made during the
1981-82 Regular Session of the Legislature shall be applied
retrospectively with respect to any owners in possession of
residential real property during the entire period of delinquency and
at the time of the sale whose homes were sold pursuant to this act
between January 1, 1969, and January 1, 1979.