Legal Question in Real Estate Law in California

First, as the beneficiary, you get to select the trustee. If you are not happy with the performance of the current trustee, do a substitution (see Civil Code section 2934a). If your note and deed of trust is in default, you should select a trustee that actually does foreclosure work and perhaps one who can consult with you rgarding the special problems of foreclosure by holders of second trust deeds.

You should know something about the property and its current value. Look at it every now and then, and/or check its value with Zillow or a local real estate company.

You also need to be sure that you are served by the first trust deed holder if it commences a foreclosure proceeding. This would be normal and routine if the holder or its trustee is aware of your loan and your current address. However, you can also record a request for notice, pursuant to Civil Code section 2924b, subsection (a). If your address changes, you may need to re-record the request for notice.

I agree with what Mr. Whipple states, but am concerned as to whether you are the sole beneficiary, or have an investment plant that is the beneficiary. In that situation, the investment organization is the actual beneficiary, and the individual investors have a percentage of interest in the note secured by a deed of trust. In that case, you would not be able to substitute the trustee, without the other investors involved.