This form serves as a notice of default to the mortgagor for payments that are past due. The default notice states that while the property is in foreclosure, the mortgagor is still responsible for paying other obligations required by the note and the deed of trust. If the mortgagor fails to make future payments on the loan or other financial obligations, the beneficiary or the mortgagee may insist that he/she do so in order to reinstate the account into good standing. The form also emphasizes that the mortgagor could lose his/her rights in the property if prompt action is not taken.
Antioch California Notice of Default And Election to Sell Under Deed of Trust
State:
California
City:
Antioch
Control #:
CA-02000
Format:
Word;
Rich Text
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How to fill out California Notice Of Default And Election To Sell Under Deed Of Trust?
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FAQ
In states that allow the use of a deed of trust as opposed to a mortgage agreement, most homes are foreclosed through a process called non-judicial foreclosure. Non-judicial foreclosure, as the name implies, occurs outside of the court system, and is usually much faster and cheaper than judicial foreclosure.
NOTICE OF DEFAULT/SALE If the borrower defaults, the lender can foreclose (force a sale) of the property to get paid. The lender's first step towards a foreclosure is to record and mail the borrower by certified mail a Notice of Default, sometimes titled Notice of Default and Election to Sell.
When a deed of trust is foreclosed by court sale, the action: Would allow the trustor a redemption period; A trustee has legally begun the process to sell property secured by a trust deed.
Some of the most common reasons trusts are invalid include: Legal formalities were not followed when executing the trust instrument. The trust was created or modified through forgery or another type of fraud.
California law states that a trust is created only if: The settlor properly manifests an intention to create a trust; There is trust property; and. There is a beneficiary (unless it is a charitable trust).
Can a declaration of trust be challenged? The intention of a declaration of trust is to ensure that there is no dispute or ambiguity in regards to the distribution of financial investment in property, but a dispute is still possible.
1) A D.O.T. is much easier to foreclose upon then a mortgage because the process to foreclose on a D.O.T. bypasses the judicial process. Assuming the Trustee gives the right notices (Notice of Default and Notice of Sale) the process will go to sale without court involvement at all.
After you've received a Notice of Default, you have 3 months in which to attempt to get your loan current. As mentioned above, that means paying all back payments, interest, fees, property taxes, and insurance. After 3 months, the bank can officially set a date for the auction of your home.
You can stop the foreclosure process any time by bringing your payments current all the way up until 5 days before the sale. After that, it's up to the lender to decide if they want to accept payment or continue with foreclosure. You can however, payoff the entire amount all the way up until the point of the sale.
How to Foreclose on a Deed of Trust Step 1 ? Notice of Default. Record a Notice of Default with the county recorder.Step 2 ? Notice of Sale.Step 3 ? Auction.Step 4 ? Obtain Possession of Property.