Oceanside California Notice of Trustee's Sale

State:
California
City:
Oceanside
Control #:
CA-02001
Format:
Word
Instant download

Description

This notice informs the mortgagor that he/she is in default under a deed of trust. Unless prompt action is taken, the mortgagors property may be sold at a public sale to the highest bidder. The form also lists the date of the sale, place of the sale, the property address, and the newspaper responsible for printing the notice of the trustee sale.

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FAQ

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.

The Notice of Sale states that the trustee will sell your home at auction in 21 days. The Notice of Sale must: Be sent to you by certified mail. Be published weekly in a newspaper of general circulation in the county where your home is located for 3 consecutive weeks before the sale date.

How To Claim Surplus Funds From Foreclosure Provide proof of prior ownership.Provide verification of funds.Contact the trustee. Once you have contacted your trustee, submit a claim form to the trustee and the court.

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.

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.

Trustees forward surplus funds to the state's unclaimed property division if they're not able to contact the prior homeowner(s). Californians may inquire about unclaimed surplus funds with the California State Controller at 1 (800) 992-4647.

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.

Then, any excess proceeds left over after paying off these liens belong to the former homeowner.

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Oceanside California Notice of Trustee's Sale