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Delayed recording of the substitution of trustee.

Posted by Ward-CA- on April 25, 2003 at 9:15 AM

In Reply to: NOD filings by Trustee posted by Jorge on April 24, 2003 at 11:45 PM

: Is the foreclosure procedure hindered in any way if a non
: original trustee files the NOD without first filing a Substitution of trustee?

: Is the foreclosure procedure hindered in any way if a non
: original trustee files the NOD without first filing a Substitution of trustee?

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Jorge,

An interesting question. I would imagine that it’s OK for a substituted trustee to file the NOD as long as they were actually substituted in via a substitution of trustee form (even though it wasn’t promptly recorded thereafter).

The reason for my conclusion is that it doesn’t seem that such a minor glitch is material enough to sanction the derailment of an ongoing foreclosure, especially if the substitution is recorded prior to the recording of the notice of trustee’s sale.



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