Legal Question in Real Estate Law in California

Accepting payment after filing of NOD

If the lender accepts a partial payment after a Notice of Default has been filed, does that void the process? Must the lender refile the Notice of Default and re-start the foreclosure process?


Asked on 4/07/09, 7:51 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Accepting payment after filing of NOD

No, the default must be cured bt payment of the entire amount due at the time payment is tendered, including unpaid principal, interest, late charges, and all reasonable costs and expenses the creditor has incurred in trying to collect and preparing, issuing, serving and recording the Notice of Default. A part payment can be accepted at the option of the creditor, but will not cure the default nor re-start the foreclosure clock. See Civil Code section 2924c. You may want to look up this section. Unfortunately it is very long and somewhat difficult to understand, even for lawyers, but might be worth you while to read if you are considering curing a default.

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Answered on 4/07/09, 8:49 pm
David Gibbs The Gibbs Law Firm, APC

Re: Accepting payment after filing of NOD

Nope - you have to cure the entire default before they must withdraw the notice of default.

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Answered on 4/07/09, 9:01 pm


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