Any tax imposed pursuant to this chapter shall not apply with respect to any instrument to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure. Such tax shall apply to the extent that the value of the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. The consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on the instrument or stated in an affidavit or declaration under penalty of perjury for tax purposes.
(Ord. 4073 § 10, 1992)