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Blanket trust deed application...

Posted by Ward-CA- on May 25, 2003 at 10:52 AM

In Reply to: One Loan Secured by Multiple Trust Deeds posted by Robert Elbinger on May 25, 2003 at 6:27 AM

: I am writing a loan secured by two deeds of trust. Should I put any language in the deeds of trust to claim the right to foreclose on the properties in any order I choose, or is that right automatic in California?

: Robert Elbinger

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Robert,

Customarily you’d use one deed of trust (a “blanket” deed of trust) wherein the two different legal descriptions are recited that secures the payment on one promissory note.

Thus you don’t have to go through the expense of recording two trust deeds nor the expense and time of conducting two different foreclosures in the event of non-payment on the promissory note.

California law allows the property owner to specify the order of sale of the secured properties described in the foreclosing blanket trust deed.

Hope this helps.



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