NOD and NOS recording requirements prior to
Posted: Wed Nov 16, 2016 12:37 pm
See California Civil Code Section 2924(g)Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
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On Tuesday, November 15, 2016 4:57 PM, "korompisn@yahoo.com [cdcbaa]" wrote:
Listmates,
1. Is lender required to record another notice of default / NOD after 12 months has past since the last recording, before the NOS and foreclosure?
2. Is the notice of sale / NOS required to be recorded a certain number of days before foreclosure, or can it be recorded on the same date of foreclosure?
My ch 13 debtor's case, which had been ongoing for over 12 months, was dismissed for failure to make timely plan payments. Debtor then successfully vacated the dismissal and reinstated his case. Debtor made up the missed payments. Afterwards, debtor received a UD notice from supposed new owner as his house was foreclosed upon several days after the case was reinstated at the hearing. Debtor said he didn't get the foreclosure notices.
In addition to a violation of stay action, I would like to know if there are also other violations.In checking the prelim title report, there was no new NOD recorded (only the one recorded over 18 months prior), and the NOS was recorded the same day as the foreclosure date.
Your feedback is greatly appreciated.
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