Federated Trust Deed Services by dag12237

VIEWS: 5 PAGES: 6

									                      Federated Trust Deed Services
                                  936B Seventh Street #341
                                  Novato, California 94945

Phone (888)536-6409                                            Fax (888)536-6409


               REQUEST TO PREPARE NOTICE OF DEFAULT
                   AND DECLARATION OF DEFAULT

Date:



To:     Federated Trust Deed Services
        936B Seventh Street #341
        Novato, CA 94945


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
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 2923.5.

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.

       1. Has borrower been contacted to assess financial condition & explore options
to avoid foreclosure pursuant to Civil Code 2923.5. _____Yes ______No

       2. Borrower was last contacted to assess financial condition & explore options to
avoid foreclosure per Civil Code 2923.5 on ____________.(Date.)

      3. I have not complied with the provisions of Civil Code 2923.5 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
2923.5 ___________Yes (extra fee applies if you check the box that says “yes”)
 _____________No,
      4. I have completed the requirements of Civil Code 2923.5 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 2923.52 to 2923.55

     1. Is the obligation to be foreclosed upon a first deed of trust? ________Yes
________No
      2. 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. _____________________________________________

       3. 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 ____
      4. Has the borrower contracted with an organization, person, or entity whose
primary business is advising people who have decided to leave their homes regarding
how to extend the foreclosure process and avoid their contractual obligations to
mortgagees or beneficiaries?
Questions regarding the nature of the breach upon which the default is based.
The undersigned declares all sums secured immediately due and payable by reason of
the below stated breach. A default exists in that payment has not been made of:
     The installment of principal and interest which became due
in the amount of $___________________________and subsequent installments of
principal and interest.
     The principal balance of the note, due and payable as of               . (Note - if
the promissory note has a balloon payment that is due within one year of 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.)
I have ____ have not ____ complied with the provisions of Civil Code Section 2966 by
sending the debtor/trustor a notice as required by that section by certified mail. 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.)
    Failure to pay that formal demand dated               , (Copy Enclosed)
    Failure to provide evidence of satisfactory fire insurance coverage.
    Delinquencies due on a prior Deed of Trust for the months of



    Delinquent real estate taxes for the tax year(s)
   Late charges are due. I am entitled to claim late charges and have read and
complied with the provisions of Civil Code Section 2954.5. Yes ___ No ___
Funds advanced to prior lien, taxes or fire insurance.     Yes   No
If yes, to whom                 Date Paid                In what amount $
THE UNPAID PRINCIPAL BALANCE OF THE NOTE IS $                                     .
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
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.
       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.”
Send correspondence to:
Name: ________________________________________________________
Address: _______________________________________________________
         _______________________________________________________


Phone#
Fax# ____________________
Email ____________________




Signature


_________________________
Print Name


_________________________
Title or Representative Capacity

								
To top