5.480 Declaration of Opposition to a Lien Sale (CC §§3071 [d][e], 3072 [d][e])

If the department receives a Declaration of Opposition, notification is sent within 16 days to the lienholder informing him/her that the lien sale is denied and cannot be conducted unless:

• The lienholder files an action in court within 30 days of the date the department’s notice was mailed and a judgment is awarded to the lienholder that is not paid within five days of becoming final.
• The declarant signs the Releases Interest on the bottom of the denial letter.
• The declarant could not be served pursuant to CC §§3071 (e) or 3072 (e), and the lienholder submits an Application for Authorization to Continue Lien Sale After Unsuccessful Service (REG 659) with the unopened certified letter or court documents proving unsuccessful personal service.

When one of the items listed above is received, the department will send authorization to continue with the sale to the lienholder and notify the person who opposed the sale of the authorization