Ooops................

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Ooops................
Posted by Darryle- Ca on February 18, 2006 at 1:09 PM
In Reply to: Not quite it .... posted by Steve-O on February 18, 2006 at 11:58 AM
: Thank you for the reference. Unfortunately that is regarding the Notice of Sale. I am looking for what is needed in the Trustees Deed.
: Can you help?
: : : Hello
: : : I searched cc 2924 for the required verbiage in a Trustee's Deed but could not find the section.
: : : Could someone please give a reference.
: : : Thank you.
: : ~~~~~~~~~~~~~~~~~~~~~~~~~~~
: : What you are looking for can be found at CC 2924f(b)(1)and CC 2924f(c)(3).
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hello Steve-O
The deed of trust itself provides authorization for what the trustee’s deed may contain. A typical trustee’s deed will recite that:
1. There was a default, and a notice of default was recorded and has not been cured;
2. Three months elapsed between recording the notice of default and posting the notice of sale;
3. There was a proper demand to sell;
4. There was proper notice of time and place of sell;
5. There was compliance with the requirements for mailing and posting notices; and
6. There was a proper public auction and sale to the high bidder.
Here is a copy.

TRUSTEE’S DEED UPON SALE

_ _[Name]_ _, _ _[state capacity, e.g., a California corporation]_ _, as trustee under the deed of trust described below, hereby grants to _ _[name]_ _, but without covenant or warranty, express or implied, all right, title, and interest in the real property situated in _ _ _ _ _ _ County, California, known as _ _[street address or other designation]_ _, and described as: _ _[Provide legal description]_ _.
This conveyance is made under the powers conferred on the grantor by the deed of trust executed by _ _[name]_ _ as trustor, and naming _ _[name]_ _ as trustee, and _ _[name]_ _ as beneficiary, dated _ _[date]_ _, recorded on _ _[date]_ _, _ _[in/as]_ _ _ _[book and page or instrument number]_ _ in the Official Records of _ _ _ _ _ _ County, California;
and assigned to _ _[name]_ _ by an assignment dated _ _[date]_ _, recorded on _ _[date]_ _, _ _[in/as]_ _ _ _[book and page or instrument number]_ _ in the Official Records of _ _ _ _ _ _ County, California;
and by the appointment and substitution of the trustee under the deed of trust by an instrument dated _ _[date]_ _, recorded on _ _[date]_ _, _ _[in/as]_ _ _ _[book and page or instrument number]_ _ in the Official Records of _ _ _ _ _ _ County, California, and executed by _ _[name]_ _;
and after fulfilling the conditions specified in the deed of trust authorizing the conveyance as follows:
1. The trustor defaulted on the obligations for which the transfer in trust was made as security, and notice of default and election to sell was recorded in the office of the County Recorder of _ _ _ _ _ _ County, the nature of the default being the failure to _ _[specify]_ _. This default still existed at the time of sale.
2. Not less than three months elapsed between the recording of the notice of default and election to sell and the posting and first publication of the notice of sale of the property.
3. The beneficiary made due and proper demand on the trustee to sell the property under the terms of the deed of trust.
4. The trustee gave notice of the default and election to sell the property in accordance with the laws of California and the terms of the deed of trust, including sending the notice of default by certified mail, postage prepaid to each person entitled to notice within 10 days after its recording.
5. The trustee gave notice of the time and place of the sale of the property in accordance with the laws of California and the terms of the deed of trust, including (a) sending the notice of sale at least 20 days before the date of sale by certified mail, postage prepaid to each person entitled to notice, (b) publishing the notice of sale once a week for 3 consecutive weeks beginning on _ _[date]_ _ in the _ _[name of newspaper]_ _, and posting the notice of sale in a conspicuous place on the property to be sold and in one public place in the city where the sale was to be held.
6. The property was sold by the grantor at public auction on _ _[date]_ _, in _ _ _ _ _ _ County, California, in which the property _ _[or part of it]_ _ is situated, in full accordance with the laws of the State of California and the terms of the deed of trust.
The grantee, as the highest bidder at the sale, became the purchaser of the property and (a) paid the trustee _ _[dollar amount]_ _, the amount bid, in lawful money of the United States, or (b) made a credit bid as the beneficiary of the above-described deed of trust.
Date: _ _ _ _ _ _ __[Signature]__ _ _[Typed name]_ _ Trustee

If you need a fillable copy in word format, I can email you one. Just let me know.
Darryl Evans

Follow Ups:

Closer .... but ... Steve-O 1:26 PM, 02/18/06 (2)

Re: Closer .... but ... David (Los Angeles) 7:58 PM, 02/18/06 (0)

Re: Closer .... but ... Darryle-Ca 2:41 PM, 02/18/06 (0)

Post a Followup:

Name : E-Mail : Subject :
Comments: : : Thank you for the reference. Unfortunately that is regarding the Notice of Sale. I am looking for what is needed in the Trustees Deed. : : Can you help? : : : : Hello : : : : I searched cc 2924 for the required verbiage in a Trustee's Deed but could not find the section. : : : : Could someone please give a reference. : : : : Thank you. : : : ~~~~~~~~~~~~~~~~~~~~~~~~~~~ : : : What you are looking for can be found at CC 2924f(b)(1)and CC 2924f(c)(3). : ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ : Hello Steve-O : The deed of trust itself provides authorization for what the trustee’s deed may contain. A typical trustee’s deed will recite that: : 1. There was a default, and a notice of default was recorded and has not been cured; : 2. Three months elapsed between recording the notice of default and posting the notice of sale; : 3. There was a proper demand to sell; : 4. There was proper notice of time and place of sell; : 5. There was compliance with the requirements for mailing and posting notices; and : 6. There was a proper public auction and sale to the high bidder. : Here is a copy. : : TRUSTEE’S DEED UPON SALE : : _ _[Name]_ _, _ _[state capacity, e.g., a California corporation]_ _, as trustee under the deed of trust described below, hereby grants to _ _[name]_ _, but without covenant or warranty, express or implied, all right, title, and interest in the real property situated in _ _ _ _ _ _ County, California, known as _ _[street address or other designation]_ _, and described as: _ _[Provide legal description]_ _. : This conveyance is made under the powers conferred on the grantor by the deed of trust executed by _ _[name]_ _ as trustor, and naming _ _[name]_ _ as trustee, and _ _[name]_ _ as beneficiary, dated _ _[date]_ _, recorded on _ _[date]_ _, _ _[in/as]_ _ _ _[book and page or instrument number]_ _ in the Official Records of _ _ _ _ _ _ County, California; : and assigned to _ _[name]_ _ by an assignment dated _ _[date]_ _, recorded on _ _[date]_ _, _ _[in/as]_ _ _ _[book and page or instrument number]_ _ in the Official Records of _ _ _ _ _ _ County, California; : and by the appointment and substitution of the trustee under the deed of trust by an instrument dated _ _[date]_ _, recorded on _ _[date]_ _, _ _[in/as]_ _ _ _[book and page or instrument number]_ _ in the Official Records of _ _ _ _ _ _ County, California, and executed by _ _[name]_ _; : and after fulfilling the conditions specified in the deed of trust authorizing the conveyance as follows: : 1. The trustor defaulted on the obligations for which the transfer in trust was made as security, and notice of default and election to sell was recorded in the office of the County Recorder of _ _ _ _ _ _ County, the nature of the default being the failure to _ _[specify]_ _. This default still existed at the time of sale. : 2. Not less than three months elapsed between the recording of the notice of default and election to sell and the posting and first publication of the notice of sale of the property. : 3. The beneficiary made due and proper demand on the trustee to sell the property under the terms of the deed of trust. : 4. The trustee gave notice of the default and election to sell the property in accordance with the laws of California and the terms of the deed of trust, including sending the notice of default by certified mail, postage prepaid to each person entitled to notice within 10 days after its recording. : 5. The trustee gave notice of the time and place of the sale of the property in accordance with the laws of California and the terms of the deed of trust, including (a) sending the notice of sale at least 20 days before the date of sale by certified mail, postage prepaid to each person entitled to notice, (b) publishing the notice of sale once a week for 3 consecutive weeks beginning on _ _[date]_ _ in the _ _[name of newspaper]_ _, and posting the notice of sale in a conspicuous place on the property to be sold and in one public place in the city where the sale was to be held. : 6. The property was sold by the grantor at public auction on _ _[date]_ _, in _ _ _ _ _ _ County, California, in which the property _ _[or part of it]_ _ is situated, in full accordance with the laws of the State of California and the terms of the deed of trust. : The grantee, as the highest bidder at the sale, became the purchaser of the property and (a) paid the trustee _ _[dollar amount]_ _, the amount bid, in lawful money of the United States, or (b) made a credit bid as the beneficiary of the above-described deed of trust. : Date: _ _ _ _ _ _ __[Signature]__ _ _[Typed name]_ _ Trustee : : If you need a fillable copy in word format, I can email you one. Just let me know. : Darryl Evans Optional Link URL: Link Title: Optional Image URL:

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