| If this is your first experience with a foreclosure, following are acts which you should be aware California Trustee Services, Inc. cannot perform, and you must assume responsibility to ensure information is available when requested. As the Beneficiary, there are steps only you can take to ensure a successful foreclosure. 1. PRIOR LIENS Lenders will not, as a matter of policy, release information to a non-principal over the telephone. However, most will respond to a written inquiry. You should contact all lenders whose loans are senior to yours to ascertain whether or not these senior loans are current. If these senior liens are not current, it may become necessary during the course of your foreclosure to advance sums to these lenders to protect your own lien. This is crucial if a prior lender has already filed a notice of default. If you have received a copy of a notice of default from a prior (senior) lender, please provide us with a copy of that notice, and advise us of the date and amount of any advance made to cure such a default so that we may properly request reimbursement for any advances you have made. 2. FIRE INSURANCE/HAZARD If you have no proof of fire insurance coverage (NAMING YOU AS LENDER AND AS AN ADDITIONAL INSURED), you should inquire of the borrower(beneficiary) and/or the senior (prior) lender, and determine the name of the fire insurance agent and their phone number. You should then call the insurance agent, and request documentation confirming that you are named as an additional insured. If you discover that you are not insured, you should contact your insurance agent to obtain such insurance. Most deeds of trust provide that you are entitled to recover the cost of such insurance. If you have advanced funds to obtain insurance, please advise us of the amount you spent to purchase that insurance on the "Declaration of Default and Demand for Sale" and we will add that amount to the notice of default. 3. REAL ESTATE TAXES If you are unaware of the status of property taxes, the current status of taxes may be obtained by calling the Tax Collector in the county which the property is located. If you have advanced funds to pay property taxes, please be sure to advise us of the amount on the "Declaration of Default and Demand for Sale" and we will add those sums to the amount due on the notice of default. If you have not advanced funds to pay past due taxes, but wish to claim the failure to pay taxes as an item of default, please check the appropriate box on the "Declaration of Default and Demand for Sale" and enter the amount of past due taxes. We will then add that as an additional item of default within the Notice of Default, and will require evidence of payment of the taxes in order to cure the default. 4. REQUEST FOR DEMAND FOR PAYMENT IN FULL If the property is in the process of being sold, or is sold during the foreclosure process, California Trustee Services, Inc. will not assume responsibility for submitting a demand for payment in full of your lien WITHOUT YOUR WRITTEN CONFIRMATION AND DIRECTIONS TO DO SO ON YOUR BEHALF. If the escrow company indicates imminent date for close of escrow, you should submit your demand directly to the escrow company and California Trustee Services Inc. will forward its statement for fees and costs. 5. PROVIDING INFORMATION You must be available to furnish up- to-date figures at all times during the course of the foreclosure proceedings: *for reinstatement or payoff *at end of pre-publication (3 calendar months following recordation of Notice of Default). *day prior to auction 6. BANKRUPTCY/LEGAL ACTION Upon being notified of any bankruptcy or being served in any type of legal action, California Trustee Services, Inc. must stop all foreclosure actions and await further instructions from lender and there counsel. To proceed with the foreclosure "Relief from stay" or "dismissal" must be obtained from the courts. 7. PARTIAL PAYMENTS: If you choose to accept a partial payment from a delinquent Borrower, your foreclosure action can be cancelled unless they sign a forbearance agreement that specifically state they are aware that the payment made will not stop the ongoing procedure. In almost all cases, it is better to only accept full payment from a delinquent Borrower. You should consult your counsel before you accept any partial payments. CALIFORNIA TRUSTEE SERVICES INC. WILL NOT ASSUME LIABILITY FOR COLLECTION OF THE PROPER REINSTATEMENT OR PAYOFF AMOUNTS, OR BID AMOUNTS WITHOUT YOUR CONFIRMATION. IF YOU ARE UNAVAILABLE TO CONFIRM THESE FIGURES, WE CANNOT ACCEPT REINSTATEMENT, PAYOFF, NOR BID AND AMOUNT AT THE SALE. |
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