Legal Question in Real Estate Law in California

The required procedure is for the trustee to mail a copy to the debtor after recording. The notice of default must be sent by certified or registered mail, with postae prepaid. "The mortgagee, trustee, or other person authorized to record the notice of default or the notice of sale shall do each of the following:

(1) Within 10 business days following recordation of the notice of default, deposit or cause to be deposited in the United States mail an envelope, sent by registered or certified mail with postage prepaid, containing a copy of the notice with the recording date shown thereon, addressed to each person whose name and address are set forth in a duly recorded request therefor, directed to the address designated in the request and to each trustor or mortgagor at his or her last known address if different than the address specified in the deed of trust or mortgage with power of sale." (Civ. Code, sect. 2924b, subd. (b)(1).)

The claim that a trustor did not receive notice of a foreclosure sale has never been well received by California courts. Actual receipt of the notices is not required. �A cursory review of Civil Code section 2924 evidences a periodic and genuine concern by the Legislature to improve the opportunity for a trustor in default to receive actual notice of default and notice of sale. We pointedly emphasize, however, that Civil Code sections 2924-2924h, inclusive, do not require actual receipt by a trustor of a notice of default or notice of sale. They simply mandate certain procedural requirements reasonably calculated to inform those who may be affected by a foreclosure sale and who have requested notice in the statutory manner that a default has occurred and a foreclosure sale is imminent.� (Lupertino v. Carbahal (3rd Dist. 1973) 35 Cal.App.3d 742, 746-747.)

"You can't trust everything you read on the internet." -- Abraham Lincoln. Seriously though, the internet is full of wrong information, especially when it comes to foreclosures these days. Part of the reason is that every state has it's own laws about foreclosures. Some states require a full blown lawsuit before a foreclosure sale can occur. In those states you would be right; personal service of the summons would be required, just like in California for a lawsuit. In California you CAN foreclose by a lawsuit, but there are minimal advantages to that and big disadvantages. Which is why most lenders just conduct a trustee's sale foreclosure. That is the kind of foreclosure that is subject to the less strict notice requirements Mr. Roach cites.