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Re: Getting in the foreclosure info loop.

Posted by Ward-CA- on October 04, 2001 at 8:56 PM

In Reply to: junior bene filings posted by Andy on October 04, 2001 at 4:18 PM

: I purchsed a junior bene in California. I filed the assignment at the county recorders office. The trustor has filed bankruptcy. Do i need to file anything additional? I have heard of a "request for special notice" do I need to file this? if so, with who? I have spoken to the attorney for the first mtge holder (GMAC) and he will not release any information as to his actions (ie: request for release from stay etc.) I want to stay on top of this, but I am having trouble keeping informed. What do you suggest?
: Thanks in advance for the help

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Andy, in CA a foreclosing trustee is required to send a copy of their Notice of Default (NOD) to any party of record who is adversely affected by their foreclosure action and to any party who has recorded a Request For Notice (RFN) concerning the foreclosing trust deed.

If you recorded your Assignment of Beneficial Interest (ABI) prior to the recording of the NOD then you’d receive your copy of the NOD within 30 days of the recording date. If you recorded an RFN concerning the foreclosing trust deed prior to the recording of the NOD then you’d get the copy of the NOD within ten business days of the recording of the NOD.

If you recorded your ABI and/or an RFN more than ten days after the recording of the NOD then you would have recorded too late to get notice of the NOD. But you’d get a copy of the Notice of Trustee’s Sale (NOTS) if you recorded your ABI no later than 75 days after the recording of the NOD.

To keep on top of events I would suggest you call the trustee conducting the foreclosure rather than the beneficiary's attorney.

You’d get their name and number from the recorded NOD and NOTS. In addition, you can fully access the trustor’s bankruptcy filings via the Court’s PACER service (minor fee). It’s very informative, current, and convenient —and the fee charged is very reasonable.

Hope this helps.



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