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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] The cite you requested... Posted by Ward-CA- on November 16, 2003 at 10:29 PM In Reply to: Notice and Legal... posted by JK on November 16, 2003 at 5:55 PM : Ward, : You wrote: : #1. CA law requires that the recorded Notice of Trustee?s Sale (NTS) recite the legal description of the property/ies being sold at the Trustee?s Sale. : Most of the Notices we see do NOT have the legal description on the Notice...do you have a reference for this requirement? It seems unfathomable that numerous Trustees would be in violation af such a requirement (unless we have been missing something). : Thank you ================== Joel, In part, CA Civil Code Section 2924f.(b)(1) recites the following: In addition to any other description of the property, the notice shall describe the property by giving its street address, if any, or other common designation, if any, and a county assessor's parcel number; but if the property has no street address or other common designation, the notice shall contain a legal description of the property, the name and address of the beneficiary at whose request the sale is to be conducted, and a statement that directions may be obtained pursuant to a written request submitted to the beneficiary within 10 days from the first publication of the notice. Directions shall be deemed reasonably sufficient to locate the property if information as to the location of the property is given by reference to the direction and approximate distance from the nearest crossroads, frontage road, or access road. If a legal description or a county assessor's parcel number and either a street address or another common designation of the property is given, the validity of the notice and the validity of the sale shall not be affected by the fact that the street address, other common designation, name and address of the beneficiary, or the directions obtained therefrom are erroneous or that the street address, other common designation, name and address of the beneficiary, or directions obtained therefrom are omitted. The term "newspaper of general circulation," as used in this section, has the same meaning as defined in Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code . Follow Ups: Re: The cite you requested... JK 7:53 AM, 11/17/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : Ward, : : You wrote: : : #1. CA law requires that the recorded Notice of Trustee?s Sale (NTS) recite the legal description of the property/ies being sold at the Trustee?s Sale. : : Most of the Notices we see do NOT have the legal description on the Notice...do you have a reference for this requirement? It seems unfathomable that numerous Trustees would be in violation af such a requirement (unless we have been missing something). : : Thank you : ================== : Joel, : In part, CA Civil Code Section 2924f.(b)(1) recites the following: : : In addition to any other description of the property, the notice shall describe the property by giving its street address, if any, or other common designation, if any, and a county assessor's parcel number; but if the property has no street address or other common designation, the notice shall contain a legal description of the property, the name and address of the beneficiary at whose request the sale is to be conducted, and a statement that directions may be obtained pursuant to a written request submitted to the beneficiary within 10 days from the first publication of the notice. Directions shall be deemed reasonably sufficient to locate the property if information as to the location of the property is given by reference to the direction and approximate distance from the nearest crossroads, frontage road, or access road. If a legal description or a county assessor's parcel number and either a street address or another common designation of the property is given, the validity of the notice and the validity of the sale shall not be affected by the fact that the street address, other common designation, name and address of the beneficiary, or the directions obtained therefrom are erroneous or that the street address, other common designation, name and address of the beneficiary, or directions obtained therefrom are omitted. The term "newspaper of general circulation," as used in this section, has the same meaning as defined in Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code . Optional Link URL: Link Title: Optional Image URL: [ 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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