REQUEST TO PREPARE NOTICE OF DEFAULT AND DECLARATION OF DEFAULT

Transcription

1 th 936-B 7 Street, #341, Novato, CA Phone/Fax (888) REQUEST TO PREPARE NOTICE OF DEFAULT AND DECLARATION OF DEFAULT Date: To: Federated Trust Deed Services 936B Seventh Street #341 Novato, CA Enclosed are the following documents: Note Modification Agreements Deed of Trust Extensions Assignment(s) Additional Notes Bankruptcy Court Documents Letter confirming surrender Loan# LOAN TYPE FHLMC FNMA VA FHA CONVENTIONAL Questions regarding bankruptcy. 1. Has the debtor/trustor or any of them filed bankruptcy YES NO 2. If you answer yes, please provide name of the debtor/trustor and the case number for the bankruptcy. 3. If you answered yes, has the bankruptcy court entered an order closing or dismissing the bankruptcy case or abandoning the property or granting relief from a stay of foreclosure? Yes No If you answered yes, please enclose a copy of the order closing or dismissing the case or releasing or abandoning the property, or

2 relief from stay. 4. If there has been no order closing or dismissing the bankruptcy case and order of release, abandonment or relief from stay has been obtained from the bankruptcy court, do you wish to retain legal counsel to do so? Yes No Questions regarding Civil Code Section Is the property residential property that is owner-occupied YES NO If the answer to the above question is YES, then answer the following questions. 5. Has borrower been contacted to assess financial condition & explore options to avoid foreclosure pursuant to Civil Code Yes No 6. Borrower was last contacted to assess financial condition & explore options to avoid foreclosure per Civil Code on.(date.) 7. I have not complied with the provisions of Civil Code and hereby request that Federated Trust Deed Services make contact with borrower to assess the borrowers financial condition & explore options to avoid foreclosure per Civil Code Yes (extra fee applies if you check the box that says yes ) No, 8. I have completed the requirements of Civil Code and do not require Federated Trust Deed Services to do so. (A separate declaration will need to be executed to verify that the requirements have been completed.) Questions regarding Civil Code Sections to Is this obligation a first deed of trust? Yes No 10. Do you have an approved loan modification program from the Commissioner of Corporations of the State of California? Yes No If you have an approved program please advise of the file number for such program and name under which such program was approved. 11. Has the borrower surrendered the property, as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary, or authorized agent? Yes No 12. Has the borrower contracted with an organization, person, or entity whose primary business is advising people who have decided to leave their homes regarding

3 how to extend the foreclosure process and avoid their contractual obligations to mortgagees or beneficiaries? Yes No Declaration of Default The undersigned declares all sums secured immediately due and payable by reason of the below stated breach. (Note - one or more defaults must exist or we cannot declare a default.) A default exists in that payment has not been made of: 13. The installment of principal and interest which became due on (date) in the amount of $ and subsequent installments of principal and interest. 14. The installment of interest only which became due on (date) in the amount of $ and subsequent installments of interest. 15. The principal balance of the note, due and payable as of. This balance is is not a balloon payment. (Note - if the promissory note has a balloon payment that is due more than one year after the date of the note, the provisions of Civil Code 2966 must be complied with before the principal balance can be declared due and payable.) 16. I have have not complied with the provisions of Civil Code Section 2966 by sending the debtor/trustor a notice of balloon payment by certified mail as required by law. I have not complied with the provisions of Civil Code Section 2966 and wish you to do so Yes No (Note-additional charges apply if you want us to send such a notice.) 17. Failure to pay that formal demand dated, (Copy Enclosed) 18. Failure to provide evidence of satisfactory fire insurance coverage. 19. Delinquencies due on a prior Deed of Trust for the months of 20. Delinquent real estate taxes for the tax year(s) 21. Late charges are due. I am entitled to claim late charges and have read and complied with the provisions of Civil Code Section Yes No 22. Funds advanced to prior lien, taxes or fire insurance. Yes No 23. If yes, to whom Date Paid In what amount $

4 24. THE UNPAID PRINCIPAL BALANCE OF THE NOTE IS $. (The unpaid principal amount) Interest due from (Date) Monthly late charges $ Monthly impound amount$. Payment amount $ Change date (if variable rate) All known names and addresses of the present owner of property are: Property address: The undersigned, as Beneficiary or Beneficiary s representative, hereby makes the following representations, each of which is material to and will be relied upon by Federated Trust Deed Services, performing the services described herein: 1. That a default has occurred on the subject loan and that the reason for the default, the specific amounts and terms causing said default, and all other information about the loan have been accurately related to Federated Trust Deed Services. 2. That Beneficiary has no knowledge of any bankruptcy proceeding affecting the trustor or successor owner (other than noted above) of the subject property, and

5 beneficiary will immediately inform Federated Trust Deed Services in writing of any knowledge or notice of any such proceeding subsequently received. 3. That, to the best of the Beneficiary s knowledge and belief, the present owner of the subject property is not entitled to the benefits of the Soldiers and Sailors Civil Relief Act of 1940, as amended, and Beneficiary will execute and deliver to Federated Trust Deed Services and affidavit to such effect. 4. That the Beneficiary will immediately inform Federated Trust Deed Services in writing of any further advances made. 5. That Beneficiary will immediately inform Federated Trust Deed Services in writing of any subsequent payments received from the trustor, owner, lessee or other party. 6. That the Beneficiary has complied with all notification provisions as may be applicable to this loan. 7. That Beneficiary has provided to Federated Trust Deed Services all known mailing addresses for the current property owners on the first page of this form. 8. That the Beneficiary has possession of original documents and, if not tendered herewith, will produce them upon demand. 9. That Beneficiary shall pay to Federated Trust Deed Services within 10 days of billing all charges, costs, expenses, and fees relating to the foreclosure of the subject deed of trust. If fees are not paid within 10 days of billing, an interest charge not to exceed 1 ½/% per month may be charged. Beneficiary further directs Federated Trust Deed Services to act as its agent in order to complete a non-judicial foreclosure sale and, without limiting other acts, specifically authorizes Federated Trust Deed Services or its agents as follows: 1. To sign and record Notice of Default and to include the charges therefore as part of the trustee s fees and expenses. 2. To order a Trustee s Sale Guarantee and to include the charges therefore as part of the Trustee s fees and expenses. 3. To post and publish a Notice of Trustee s Sale and to include the charges therefore as part of the Trustee s fees and expenses. Beneficiary understands that when Federated Trust Deed Services requests a bid, Beneficiary is responsible to give the bid to Federated Trust Deed Services at least one full business day prior to sale to Federated Trust Deed Services or Federated Trust Deed Services, at Federated Trust Deed s sole discretion may postpone the trustee sale.

6 4. To conduct and/or continue a Trustee s sale and to include the charges therefore as part of the Trustee s fees and expenses. 5. To contact borrower as necessary and to perform all other acts as necessary to perform a non-judicial foreclosure in accordance with California Civil Code, and to include the costs and charges therefore as part of the Trustee s fees and expenses. Federated Trust Deed Services shall be entitled to act pursuant to this authorization until Beneficiary gives written notice to Federated Trust Deed Services countermanding or cancelling this Agreement, which shall be effective only from the date of receipt of such notice and upon paying any and all amounts due Federated Trust Deed Services. Until Federated Trust Deed Services has been paid in full Federated Trust Deed Services shall have a lien on the note and trust deed in an amount equal to any amounts due Federated Trust Deed Services. Should Federated Trust Deed Services ascertain that certain facts have arisen or have been suppressed, or information is received which would necessitate the concealing of the file, beneficiary hereby authorizes Federated Trust Deed Services to do so without any liability to Federated Trust Deed Services and without approval from Beneficiary. Beneficiary hereby indemnifies Federated Trust Deed Services from any and all liability, including attorney s fees and costs incurred in responding to any allegations and /or defending any type of action, whether it is legal or other type of action naming Federated Trust Deed Services as defendant or asserting any other liability, which might arise during the course of or subsequent to Federated Trust Deed Services execution of it s duties hereunder, unless said liability arises due to Federated Trust Deed s own negligence or mistake as determined by a court of competent jurisdiction. If any action, suit, arbitration or other proceeding is instituted to remedy, prevent or obtain relief from default in the performance by either party of its obligations to this agreement the prevailing party shall recover attorney s fees and costs incurred in each and every action, suit, arbitration or other proceeding, including any and all appeals or partition therefrom. I hereby certify under penalty of perjury under the laws of the State of California that I have read and understand this Agreement. I also certify that I am the Beneficiary or the representative and agent of all the Beneficiaries under the subject deed of trust, as such, have legal authority to commit each beneficiary to the payment, jointly and severally, of the total charges, costs and expenses to perform the foreclosure.

7 Send correspondence to: Name: Address: Phone# Fax# Signature Print Name Title or Representative Capacity