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Re: Keeping aware of any bankruptcy filing.

Posted by Ward-CA- on October 24, 2001 at 6:26 AM

In Reply to: BK and the trustor posted by Alfred CA on October 23, 2001 at 11:55 PM

:: Hi Ward,
: Now that I have my own foreclosure action going on the 2nd that I purchased, how would I know if the trustor went into bankruptcy during this near 4 month period? Much obliged in advance.

=•=•=•=•=•=•=•=•=•=•=•=•=

Alfred, in a trust deed state like CA, a Trustee’s Sale Guaranty (TSG), that special title report that a foreclosing trustee uses to determine all liens and interests connected to the property they’re foreclosing upon, is initially issued to the trustee about 5 days after they’ve recorded the Notice of Default (NOD). The TSG is current as of the recording of the NOD. Thereafter it’s brought up to date two different times by the issuing title company. They do a “datedown” at the point the trustee records the Notice of Trustee’s Sale (NOTS) and once again a day or so before the Trustee’s Sale takes place.

Each time a datedown is done, the title company also checks with the bankruptcy court to determine if a bankruptcy has been filed by anyone with any equitable interest in the subject property and notifies the foreclosing trustee accordingly.

Hope this helps.


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