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The trustor named on the deed of trust...

Posted by Ward-CA- on April 18, 2008 at 0:31 AM

In Reply to: NOD should be in whose name. Title owner or person posted by Johncm on April 17, 2008 at 7:49 PM

John,

There's quite a difference between a Deed of Trust and a Title Holding Trust, whereas you think they are one and the same thing.

A borrower gives a lender a Deed of Trust, which is a security instrument that secures the title of his property as collateral, to guarantee the repayment of a promissory note.

Once a deed of trust is recorded, it will stay attached and unchanged to the title of the secured property until it is paid in full, regardless of how many changes of property ownership occur in the interim.

The Notice of Default regarding a particular deed of trust is going to recite all of the info regarding the original borrower (trustor), and lender (beneficiary) as it appears on the original deed of trust.

So yes, the NOD is valid.


-------Ward


===========

: The NOD came and it only names the Note holder. Which is not the title holder. The title is in a land trust or title holding trust and the trustee is a different person. The Beneficiary is the "actual" owner. Is this a valid NOD?
: This is in Sacramento CA




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