§ 5-124. Exceptions

The provisions of this chapter shall not apply to:

(a) The first sale of a residential building which has never been occupied;

(b) Transfers pursuant to court order, including but not limited to, transfers ordered by a probate court in administration of an estate, transfers pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, or transfers resulting from a decree for specific performance;

(c) Transfers to a mortgagee by a mortgagor in default, transfers to a beneficiary to a deed of trust by a trustor in default, transfers by any foreclosure sale after default in default in an obligation secured by a mortgage, or transfers by sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale;

(d) Transfers by a fiduciary in the course of the administration of a guardianship, conservatorship, or trust;

(e) Transfers from one (1) co-owner to one (1) or more co-owners.

(f) Transfers between spouses resulting from a decree of dissolution of a marriage, a decree of legal separation, or from a property settlement agreement incidental to such decree;

(g) Transfers by the state controller in the course of administering the unclaimed property law;

(h) Transfers to a governmental entity;

(i) Transactions solely for the purpose of refinancing existing debt secured by the residential building; and

(j) Transfers by an owner or owners into a family or living trust where the owner(s) is a beneficiary or trustee of the trust.

(Ord. No. 97-21, § 1, 8-4-97)