Thousand Oaks California Notice of Default And Election to Sell Under Deed of Trust

State:
California
City:
Thousand Oaks
Control #:
CA-02000
Format:
Word; 
Rich Text
Instant download

Description

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.

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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

Once a lender files the notice of default, the next step is to hold a hearing to activate the lien recorded with the mortgage. The hearing allows the borrower to negotiate with the lender by suggesting a settlement plan for the defaulted payments and legal fees.

During the initial ninety days of foreclosure of a deed of trust, the Trustor can either pay back the loan entirely or renegotiate with the Beneficiary. This will stop the entire foreclosure process. After ninety days, however, the right to force the sale to stop is limited.

In CA a Notice of Default does not expire. The Notice of Default would be active until a Notice of Rescission or a Reconveyance is recorded on the loan in question.

judicial foreclosure usually takes a minimum of 121 days in California (in the actual foreclosure process), or less than 4 months from start to finish, but the formal foreclosure process will not begin until you are in default for at least 3 months.

Technically speaking, a notice of default is not a foreclosure. Instead, it serves as notice that you are behind in your payments and that your property may be sold as a result of foreclosure if you don't act soon.

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.

Disadvantages to Lender A lender should also hesitate before accepting a lieu deed where there are outstanding subordinate liens or judgments against the property. In such a situation, the lender will have to foreclose its mortgage, with the attendant expense and time involved to obtain clear title.

If and when the loan is fully repaid, the lender will record a release (or satisfaction) of mortgage or a reconveyance of deed (used in conjunction with deeds of trust) in the county land records. This document removes the mortgage lien from the property.

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.

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Thousand Oaks California Notice of Default And Election to Sell Under Deed of Trust