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Re: Getting notices from bankruptcy court and from the foreclosing trustee.

Posted by Ward-CA- on February 21, 2002 at 7:17 AM

In Reply to: Request for Notice posted by Gary C. on February 21, 2002 at 6:25 AM

: Ward:

: I'm filing a request for notice (as you have taught me) and had a couple of detailed questions:

: 1. If I'm filing a RFN against a deed of trust and an assignment of deed of trust has been filed, do I need to list both the DT and Assignment of DT on my request for notice or just the assignment?

: 2. The RFN form I have asks for a book and page number. Do the counties of Riverside, Orange, and San Diego use such a system? If they do, does it appear on the recorded document somewhere?

: 3. Related to the above, if I recently (4 months ago) had the owner/seller transfer their property to a title-holding trust with my friend as the trustee, will the trustee get the notices of sale/default?

: 4. To make question 3 a bit more complicated, if, in sequential order, an NOD has been filed, owner/seller files Ch. 13, places property under trust, lienholder is granted relief of stay for trustor non-payment to Ch. 13 trustee (allowing continuance of the foreclosure process), and lastly sells me beneficial interest, will the trustee of the title-holding trust be notified of the relief? NTS?

: Thanks Ward.
: Gary C.

=•=•=•=•=•=•=•=•=•=•=

Gary,

1). Just the original DT info.

2). You can ignore the book and page number and just rely on the recorder’s instrument number.

3). Yes, notices will go to the current parties at risk.

4). Notices from the bankruptcy court will go to those creditors and petitioners that are listed on the Court’s creditor matrix, whereas notices from the foreclosing trustee will go to those parties in the recorded record at the time the foreclosing trustee orders a date-down for the Trustee’s Sale Guaranty (TSG) just prior to the recording of the Notice of Trustee’s Sale.


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