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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Closer .... but ... Posted by Darryle-Ca on February 18, 2006 at 2:41 PM In Reply to: Closer .... but ... posted by Steve-O on February 18, 2006 at 1:26 PM : Hello Darryl : What I am looking for is this. We are being attacked that the Trustee's Deed is invalid because it refers to the Deed of Trust recording date and document number versus making reference to the Notice of Default. : I would like to see for myself what is required to be in a Trustee's Deed. Most of the other Trustee's Deeds I looked up did NOT make a specific reference to recording date/doc number, but I was hoping to find the code that states what is required. I'd like to do this search for myself outside an attorney so when we do speak with our attorney that we will have more knowledge. Unfortunately, not all attorneys are familiar with this area of law and I'd prefer to educate myself for learning as well as to save $$$$ when on the clock. : Thank you again for your help Darryl!!! ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Hello Steve-O According to the third paragraph from the bottom of CC 2924, a recital in the (trustee’s) deed executed pursuant to the power of sale (contained in the deed of trust) of compliance with all requirements of law regarding the mailing of copies of notices OR the publication of a copy of the notice of default OR the personal delivery of the copy of the notice of default OR the posting of copies of the notice of sale OR the publication of a copy thereof shall constitute prima facie evidence of compliance with these requirements and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value and without notice. Darryl Evans Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Hello Darryl : : What I am looking for is this. We are being attacked that the Trustee's Deed is invalid because it refers to the Deed of Trust recording date and document number versus making reference to the Notice of Default. : : I would like to see for myself what is required to be in a Trustee's Deed. Most of the other Trustee's Deeds I looked up did NOT make a specific reference to recording date/doc number, but I was hoping to find the code that states what is required. I'd like to do this search for myself outside an attorney so when we do speak with our attorney that we will have more knowledge. Unfortunately, not all attorneys are familiar with this area of law and I'd prefer to educate myself for learning as well as to save $$$$ when on the clock. : : Thank you again for your help Darryl!!! : ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ : Hello Steve-O : According to the third paragraph from the bottom of CC 2924, a recital in the (trustee’s) deed executed pursuant to the power of sale (contained in the deed of trust) of compliance with all requirements of law regarding the mailing of copies of notices OR the publication of a copy of the notice of default OR the personal delivery of the copy of the notice of default OR the posting of copies of the notice of sale OR the publication of a copy thereof shall constitute prima facie evidence of compliance with these requirements and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value and without notice. : Darryl Evans Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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