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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: CA Civil Code Reference help Posted by Steve-O on February 18, 2006 at 6:01 PM In Reply to: Re: CA Civil Code Reference help posted by Craig in LA on February 18, 2006 at 3:32 PM This Trustees deed contains more than the one we recorded. A search of several Trustees Deeds on public record show that about 90% do NOT have a reference to the recording date and doc number of the pertinent Notice of Default. Our Trustees deed refers specifically to the recording date and doc number of the Deed of Trust only (as do most others reviewed on public record). Yet if we want to support this in court, I doubt we can bring in several examples to show the judge as opposed to a reference to a portion of the Code showing what is needed would setttle the matter very quickly (as long as our Trustees Deed meets the minimum requirement). This sample you provided is obviously more "thourough" than most. Yet my question is as to whether there is a minimum of information required by the Civil Code. I appreciate your help. Hopefully my question is more clear (it is clear in my head but I may not be transfering that to words). Thank you. Here is what ours says ... I think it is correct, but the former owners' attorney is attacking based on this: ... under the authority and powers vested in the Trustee designated in the Deed of Trust or as the duly appointed trustee, default having occurred under the Deed of Trust persuant to the Notice of Default and Election to sell under the Deed of Trust recorded on 1/1/01, instrument number 1234, of Official records. The opposing attorney says this reference should have been to the Notice of Default and not the Deed of Trust and therefore the Trustees Deed is invalid. I disagree and am looking for support of my view. Follow Ups: Re: CA Civil Code Reference help Rick Harmon (CA) 6:20 PM, 02/18/06 (3) Re: CA Civil Code Reference help Craig in LA 8:25 PM, 02/18/06 (2) Re: CA Civil Code Reference help Steve-O 9:43 PM, 02/18/06 (1) Re: CA Civil Code Reference help Craig in LA 7:26 AM, 02/19/06 (0) Post a Followup: Name : E-Mail : Subject : Comments: : This Trustees deed contains more than the one we recorded. A search of several Trustees Deeds on public record show that about 90% do NOT have a reference to the recording date and doc number of the pertinent Notice of Default. Our Trustees deed refers specifically to the recording date and doc number of the Deed of Trust only (as do most others reviewed on public record). Yet if we want to support this in court, I doubt we can bring in several examples to show the judge as opposed to a reference to a portion of the Code showing what is needed would setttle the matter very quickly (as long as our Trustees Deed meets the minimum requirement). : This sample you provided is obviously more "thourough" than most. : Yet my question is as to whether there is a minimum of information required by the Civil Code. : I appreciate your help. Hopefully my question is more clear (it is clear in my head but I may not be transfering that to words). : Thank you. : Here is what ours says ... I think it is correct, but the former owners' attorney is attacking based on this: : ... under the authority and powers vested in the Trustee designated in the Deed of Trust or as the duly appointed trustee, default having occurred under the Deed of Trust persuant to the Notice of Default and Election to sell under the Deed of Trust recorded on 1/1/01, instrument number 1234, of Official records. : The opposing attorney says this reference should have been to the Notice of Default and not the Deed of Trust and therefore the Trustees Deed is invalid. I disagree and am looking for support of my view. 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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