Legal Question in Real Estate Law in California

Notice of Default

I am the second deed of trust holder on property located in California. borrower has not sent me a payment in 4 months, so I am going to record a Notice of Default for non payment. I know I must send a copy to borrower within 10 days of recording. Must I send a copy of the Notice of Default to the first mortgage company? If yes, when must I send a recorded copy of the notice of default to the first mortgage company.

Thanks,

Barb


Asked on 11/23/02, 5:39 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Notice of Default

You should find and read Civil Code section 2924b which sets forth requirements for mailing, publication and delivery of the Notice of Default.

The N/D must be sent to the trustor (borrower), any successor in interest of the trustor, and any persons who have recorded requests for notice.

Note in particular CC 2924b(c)(2). You do not have to serve the first mortgagee unless the first is subordinated to your second, or the first mortgagee has requested a N/D. However, first deeds of trust routinely contain requests for notice of default, so as a practical matter you will almost certainly have to serve the N/D on the first.

The time periods and methods of service are set forth in the statute, and you must read it carefully and follow it explicitly to avoid invalidating your foreclosure efforts.

There are attorneys and non-attorney foreclosure services that can assist you.

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Answered on 11/25/02, 1:24 pm


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