Legal Question in Real Estate Law in California

Re: how long a recordedNOTICE OF DEFAULT is good.

I would strongly recommend against it. Instead, you should hire a competent attorney to do the foreclosure for you--usually your attorney will take his fees out of the sale so you do not have to pay up front.

Re: how long a recordedNOTICE OF DEFAULT is good.

Look at Civil Code section 2924b(b)(1). It says you must mail copies of the Notice of Default within 10 days of recordation. You didn't and now can't do that. Therefore, I would conclude that your Notice of Default is no longer valid to accomplish its purpose. I think you need to start over and I think you should retain either an attorney or a licensed foreclosure service to assist you. There are too many opportunities to make mistakes.

Re: how long a recordedNOTICE OF DEFAULT is good.

My advice to you it is go to a title company, or the title company was named as the trustee and they will invite you. If you don't strictly, did you hear me say strictly, follow the rules of course you can't foreclose. Publication is absolutely necessary. The old idea of ambush died out at the OK corral.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.