Legal Question in Real Estate Law in California

Re: TD Default

The Trustee under the deed of trust initiates the procedure. Generally, the process requires the Trustee's recording and posting at the property of a notice of default with copies thereof served on the borrower, all other lenders of record, and all others who request or are entitled to notice by a recording on the affected property's title. The notice of default period lasts three months, during which the borrower can pay up what he/she owes plus costs. Then the Trustee records, publishes in a newspaper of general circulation, posts and serves a

notice of trustee's sale on all the parties listed above. The whole process lasts at least three weeks, and is sometime longer. The borrower's right to redeem at this point is more limited by Code, and the costs go way up because of the publishing, etc. of the pre-sale activities by the Trustee. If the deed is not brought current plus all costs and Trustee's fees there is an auction at the time and place listed in the notice of foreclosure sale, unless the Trustee postpones it for some reason.

Re: TD Default

The steps and the law on this can be found in the California Civil Code Sections 2922 - 2941.7. If you are the beneficiary on the note, you can initiate foreclosure through the services of the Trustee. Check the Trust Deed document and contact the Trustee.