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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Refiling requirements regarding a stale NOD or NTS... Posted by JK (the other JK) on October 27, 2010 at 6:27 PM In Reply to: Refiling requirements regarding a stale NOD or NTS... posted by Ward-CA- on October 27, 2010 at 3:42 PM : Joann, : #1. Yes. The foreclosing trustee is obliged by law to record anew another Notice of Default (NOD) any time the default phase goes past one year. And, by the way, that also applies to the final sale phase too. So if, after recording the Notice of Trustee Sale (NTS), the sale doesn’t take place for more than one year, the foreclosing trustee would be obliged to record anew another NTS. : #2. Yes. In California, the code regarding this topic is California Civil Code §2924g(c)(2). : #3. Yes. You can find the CC §2924 on this web site by scanning down the yellow column on the left side of this page and click on "Code References" and then proceed to §2924. Alternatively, you could visit the County Law Library in downtown San Diego and ask a reference librarian there to help you find the code section cited above. Take a handful of quarters to copy it if need be. : ---------------------Ward : ======================= : Hello, : I hope you guys can help me answer this question about the trustee company legal standing in california. : If the trustee company in california filed a NOD more than 12 months that's on record, would they have to re-file a new NOD before they can legally file the Trustee Sale Notice and Auction the property? : Is there some timeline the trustee company and lender would have to act on the trustee sale after the NOD has been filed before its VOID? and would have to re-file a new NOD to start the process over again? : Is there a place to look up the foreclosure law for this? : Thanks, Jo I see the code that states the NOTS has to be refiled after one year of postponements, but not the NOD. Could you please post the code that shows that? Thanks, JK. "The trustee may postpone the sale multiple times, postponing it to occur at any time prior to 365 days from the sale date set in the original recorded NOTS. Should the sale be postponed to a date later than the 365 days following the date set in the NOTS, the trustee must renotice the sale by recording, publishing, posting and serving a new NOTS. [CC 2924g(c)(1), (2)]" Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Joann, : : #1. Yes. The foreclosing trustee is obliged by law to record anew another Notice of Default (NOD) any time the default phase goes past one year. And, by the way, that also applies to the final sale phase too. So if, after recording the Notice of Trustee Sale (NTS), the sale doesn’t take place for more than one year, the foreclosing trustee would be obliged to record anew another NTS. : : #2. Yes. In California, the code regarding this topic is California Civil Code §2924g(c)(2). : : #3. Yes. You can find the CC §2924 on this web site by scanning down the yellow column on the left side of this page and click on "Code References" and then proceed to §2924. Alternatively, you could visit the County Law Library in downtown San Diego and ask a reference librarian there to help you find the code section cited above. Take a handful of quarters to copy it if need be. : : ---------------------Ward : : ======================= : : Hello, : : I hope you guys can help me answer this question about the trustee company legal standing in california. : : If the trustee company in california filed a NOD more than 12 months that's on record, would they have to re-file a new NOD before they can legally file the Trustee Sale Notice and Auction the property? : : Is there some timeline the trustee company and lender would have to act on the trustee sale after the NOD has been filed before its VOID? and would have to re-file a new NOD to start the process over again? : : Is there a place to look up the foreclosure law for this? : : Thanks, Jo : I see the code that states the NOTS has to be refiled after one year of postponements, but not the NOD. Could you please post the code that shows that? Thanks, JK. : "The trustee may postpone the sale multiple times, postponing it to occur at any time prior to 365 days from the sale date set in the original recorded NOTS. Should the sale be postponed to a date later than the 365 days following the date set in the NOTS, the trustee must renotice the sale by recording, publishing, posting and serving a new NOTS. [CC 2924g(c)(1), (2)]" [ 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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