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California Trustee’s Sale Procedures

CIVIL CODE
SECTION 2920-2944.5

2920. (a) A mortgage is a contract by which specific property,

including an estate for years in real property, is hypothecated for

the performance of an act, without the necessity of a change of

possession.

  (b) For purposes of Sections 2924 to 2924h, inclusive, "mortgage"

also means any security device or instrument, other than a deed of

trust, that confers a power of sale affecting real property or an

estate for years therein, to be exercised after breach of the

obligation so secured, including a real property sales contract, as

defined in Section 2985, which contains such a provision.

 

 

 

2921. A mortgage may be created upon property held adversely to the

mortgagor.

 

 

 

2922. A mortgage can be created, renewed, or extended, only by

writing, executed with the formalities required in the case of a

grant of real property.

 

 

2923. The lien of a mortgage is special, unless otherwise expressly

agreed, and is independent of possession.

 

 

 

2924. (a) Every transfer of an interest in property, other than in

trust, made only as a security for the performance of another act, is

to be deemed a mortgage, except when in the case of personal

property it is accompanied by actual change of possession, in which

case it is to be deemed a pledge. Where, by a mortgage created after

July 27, 1917, of any estate in real property, other than an estate

at will or for years, less than two, or in any transfer in trust made

after July 27, 1917, of a like estate to secure the performance of

an obligation, a power of sale is conferred upon the mortgagee,

trustee, or any other person, to be exercised after a breach of the

obligation for which that mortgage or transfer is a security, the

power shall not be exercised except where the mortgage or transfer is

made pursuant to an order, judgment, or decree of a court of record,

or to secure the payment of bonds or other evidences of indebtedness

authorized or permitted to be issued by the Commissioner of

Corporations, or is made by a public utility subject to the

provisions of the Public Utilities Act, until all of the following

apply:

  (1) The trustee, mortgagee, or beneficiary, or any of their

authorized agents shall first file for record, in the office of the

recorder of each county wherein the mortgaged or trust property or

some part or parcel thereof is situated, a notice of default. That

notice of default shall include all of the following:

  (A) A statement identifying the mortgage or deed of trust by

stating the name or names of the trustor or trustors and giving the

book and page, or instrument number, if applicable, where the

mortgage or deed of trust is recorded or a description of the

mortgaged or trust property.

  (B) A statement that a breach of the obligation for which the

mortgage or transfer in trust is security has occurred.

  (C) A statement setting forth the nature of each breach actually

known to the beneficiary and of his or her election to sell or cause

to be sold the property to satisfy that obligation and any other

obligation secured by the deed of trust or mortgage that is in

default.

  (D) If the default is curable pursuant to Section 2924c, the

statement specified in paragraph (1) of subdivision (b) of Section

2924c.

  (2) Not less than three months shall elapse from the filing of the

notice of default.

  (3) After the lapse of the three months described in paragraph

(2), the mortgagee, trustee or other person authorized to take the

sale shall give notice of sale, stating the time and place thereof,

in the manner and for a time not less than that set forth in Section

2924f.

  (b) In performing acts required by this article, the trustee shall

incur no liability for any good faith error resulting from reliance

on information provided in good faith by the beneficiary regarding

the nature and the amount of the default under the secured

obligation, deed of trust, or mortgage. In performing the acts

required by this article, a trustee shall not be subject to Title

1.6c (commencing with Section 1788) of Part 4.

  (c) A recital in the deed executed pursuant to the power of sale

of compliance with all requirements of law regarding the mailing of

copies of notices or the publication of a copy of the notice of

default or the personal delivery of the copy of the notice of default

or the posting of copies of the notice of sale or the publication of

a copy thereof shall constitute prima facie evidence of compliance

with these requirements and conclusive evidence thereof in favor of

bona fide purchasers and encumbrancers for value and without notice.

 

  (d) All of the following shall constitute privileged

communications pursuant to Section 47:

  (1) The mailing, publication, and delivery of notices as required

by this section.

  (2) Performance of the procedures set forth in this article.

  (3) Performance of the functions and procedures set forth in this

article if those functions and procedures are necessary to carry out

the duties described in Sections 729.040, 729.050, and 729.080 of the

Code of Civil Procedure.

  (e) There is a rebuttable presumption that the beneficiary

actually knew of all unpaid loan payments on the obligation owed to

the beneficiary and secured by the deed of trust or mortgage subject

to the notice of default. However, the failure to include an

actually known default shall not invalidate the notice of sale and

the beneficiary shall not be precluded from asserting a claim to this

omitted default or defaults in a separate notice of default.

 

 

 

2924.3. (a) Except as provided in subdivisions (b) and (c), a

person who has undertaken as an agent of a mortgagee, beneficiary, or

owner of a promissory note secured directly or collaterally by a

mortgage or deed of trust on real property or an estate for years

therein, to make collections of payments from an obligor under the

note, shall mail the following notices, postage prepaid, to each

mortgagee, beneficiary or owner for whom the agent has agreed to make

collections from the obligor under the note:

  (1) A copy of the notice of default filed in the office of the

county recorder pursuant to Section 2924 on account of a breach of

obligation under the promissory note on which the agent has agreed to

make collections of payments, within 15 days after recordation.

  (2) Notice that a notice of default has been recorded pursuant to

Section 2924 on account of a breach of an obligation secured by a

mortgage or deed of trust against the same property or estate for

years therein having priority over the mortgage or deed of trust

securing the obligation described in paragraph (1), within 15 days

after recordation or within three business days after the agent

receives the information, whichever is later.

  (3) Notice of the time and place scheduled for the sale of the

real property or estate for years therein pursuant to Section 2924f

under a power of sale in a mortgage or deed of trust securing an

obligation described in paragraphs (1) or (2), not less than 15 days

before the scheduled date of the sale or not later than the next

business day after the agent receives the information, whichever is

later.

  (b) An agent who has undertaken to make collections on behalf of

mortgagees, beneficiaries or owners of promissory notes secured by

mortgages or deeds of trust on real property or an estate for years

therein shall not be required to comply with the provisions of

subdivision (a) with respect to a mortgagee, beneficiary or owner who

is entitled to receive notice pursuant to subdivision (c) of Section

2924b or for whom a request for notice has been recorded pursuant to

subdivision (b) of Section 2924b if the agent reasonably believes

that the address of the mortgagee, beneficiary, or owner described in

Section 2924b is the current business or residence address of that

person.

  (c) An agent who has undertaken to make collections on behalf of

mortgagees, beneficiaries or owners of promissory notes secured by

mortgages or deeds of trust on real property or an estate for years

therein shall not be required to comply with the provisions of

paragraph (1) or (2) of subdivision (a) if the agent knows or

reasonably believes that the default has already been cured by or on

behalf of the obligor.

  (d) Any failure to comply with the provisions of this section

shall not affect the validity of a sale in favor of a bona fide

purchaser or the rights of an encumbrancer for value and without

notice.

 

 

2924.5. No clause in any deed of trust or mortgage on property

containing four or fewer residential units or on which four or fewer

residential units are to be constructed or in any obligation secured

by any deed of trust or mortgage on property containing four or fewer

residential units or on which four or fewer residential units are to

be constructed that provides for the acceleration of the due date of

the obligation upon the sale, conveyance, alienation, lease,

succession, assignment or other transfer of the property subject to

the deed of trust or mortgage shall be valid unless the clause is set

forth, in its entirety in both the body of the deed of trust or

mortgage and the promissory note or other document evidencing the

secured obligation. This section shall apply to all such deeds of

trust, mortgages, and obligations secured thereby executed on or

after July 1, 1972.

 

 

 

2924.6. (a) An obligee may not accelerate the maturity date of the

principal and accrued interest on any loan secured by a mortgage or

deed of trust on residential real property solely by reason of any

one or more of the following transfers in the title to the real

property:

  (1) A transfer resulting from the death of an obligor where the

transfer is to the spouse who is also an obligor.

  (2) A transfer by an obligor where the spouse becomes a coowner of

the property.

  (3) A transfer resulting from a decree of dissolution of the

marriage or legal separation or from a property settlement agreement

incidental to such a decree which requires the obligor to continue to

make the loan payments by which a spouse who is an obligor becomes

the sole owner of the property.

  (4) A transfer by an obligor or obligors into an inter vivos trust

in which the obligor or obligors are beneficiaries.

  (5) Such real property or any portion thereof is made subject to a

junior encumbrance or lien.

  (b) Any waiver of the provisions of this section by an obligor is

void and unenforceable and is contrary to public policy.

  (c) For the purposes of this section, "residential real property"

means any real property which contains at least one but not more than

four housing units.

  (d) This act applies only to loans executed or refinanced on or

after January 1, 1976.

 

 

 

2924.7. (a) The provisions of any deed of trust or mortgage on real

property which authorize any beneficiary, trustee, mortgagee, or his

or her agent or successor in interest, to accelerate the maturity

date of the principal and interest on any loan secured thereby or to

exercise any power of sale or other remedy contained therein upon the

failure of the trustor or mortgagor to pay, at the times provided

for under the terms of the deed of trust or mortgage, any taxes,

rents, assessments, or insurance premiums with respect to the

property or the loan, or any advances made by the beneficiary,

mortgagee, or his or her agent or successor in interest shall be

enforceable whether or not impairment of the security interest in the

property has resulted from the failure of the trustor or mortgagor

to pay the taxes, rents, assessments, insurance premiums, or

advances.

  (b) The provisions of any deed of trust or mortgage on real

property which authorize any beneficiary, trustee, mortgagee, or his

or her agent or successor in interest, to receive and control the

disbursement of the proceeds of any policy of fire, flood, or other

hazard insurance respecting the property shall be enforceable whether

or not impairment of the security interest in the property has

resulted from the event that caused the proceeds of the insurance

policy to become payable.

 

 

 

2924a. If, by the terms of any trust or deed of trust a power of

sale is conferred upon the trustee, the attorney for the trustee, or

any duly authorized agent, may conduct the sale and act in the sale

as the auctioneer for the trustee.

 

 

2924b. (a) Any person desiring a copy of any notice of default and

of any notice of sale under any deed of trust or mortgage with power

of sale upon real property or an estate for years therein, as to

which deed of trust or mortgage the power of sale cannot be exercised

until these notices are given for the time and in the manner

provided in Section 2924 may, at any time subsequent to recordation

of the deed of trust or mortgage and prior to recordation of notice

of default thereunder, cause to be filed for record in the office of

the recorder of any county in which any part or parcel of the real

property is situated, a duly acknowledged request for a copy of the

notice of default and of sale. This request shall be signed and

acknowledged by the person making the request, specifying the name

and address of the person to whom the notice is to be mailed, shall

identify the deed of trust or mortgage by stating the names of the

parties thereto, the date of recordation thereof, and the book and

page where the deed of trust or mortgage is recorded or the recorder'

s number, and shall be in substantially the following form:

 

 

 

 "In accordance with Section 2924b, Civil Code,

request is hereby

 

made that a copy of any notice of default and a

copy of any notice of sale

 

under the deed of trust (or mortgage) recorded

______, ____, in Book_____ page ____ records of

____ County, (or filed for record with

 

recorder's serial number ____, _______County)

California, executed

 

by ____ as trustor (or mortgagor) in    which

________ is named as

 

beneficiary (or mortgagee) and ______________ as

trustee be mailed to

 

_________________ at ____________________________.

 

     Name          Address

 

NOTICE: A copy of any notice of default and of

any notice of sale will be

 

sent only to the address contained in this

recorded request. If your address changes, a new

request must be recorded.

 

           Signature _________________"

 

 

  Upon the filing for record of the request, the recorder shall

index in the general index of grantors the names of the trustors (or

mortgagor) recited therein and the names of persons requesting

copies.

  (b) 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.

  (2) At least 20 days before the date of sale, 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 of the time and place of sale, 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.

  (3) As used in paragraphs (1) and (2), the "last known address" of

each trustor or mortgagor means the last business or residence

physical address actually known by the mortgagee, beneficiary,

trustee, or other person authorized to record the notice of default.

For the purposes of this subdivision, an address is "actually known"

if it is contained in the original deed of trust or mortgage, or in

any subsequent written notification of a change of physical address

from the trustor or mortgagor pursuant to the deed of trust or

mortgage. For the purposes of this subdivision, "physical address"

does not include an e-mail or any form of electronic address for a

trustor or mortgagor. The beneficiary shall inform the trustee of the

trustor's last address actually known by the beneficiary. However,

the trustee shall incur no liability for failing to send any notice

to the last address unless the trustee has actual knowledge of it.

  (4) A "person authorized to record the notice of default or the

notice of sale" shall include an agent for the mortgagee or

beneficiary, an agent of the named trustee, any person designated in

an executed substitution of trustee, or an agent of that substituted

trustee.

  (c) The mortgagee, trustee, or other person authorized to record

the notice of default or the notice of sale shall do the following:

  (1) Within one month 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 set forth in paragraph (2),

provided that the estate or interest of any person entitled to

receive notice under this subdivision is acquired by an instrument

sufficient to impart constructive notice of the estate or interest in

the land or portion thereof which is subject to the deed of trust or

mortgage being foreclosed, and provided the instrument is recorded

in the office of the county recorder so as to impart that

constructive notice prior to the recording date of the notice of

default and provided the instrument as so recorded sets forth a

mailing address which the county recorder shall use, as instructed

within the instrument, for the return of the instrument after

recording, and which address shall be the address used for the

purposes of mailing notices herein.

  (2) The persons to whom notice shall be mailed under this

subdivision are:

  (A) The successor in interest, as of the recording date of the

notice of default, of the estate or interest or any portion thereof

of the trustor or mortgagor of the deed of trust or mortgage being

foreclosed.

  (B) The beneficiary or mortgagee of any deed of trust or mortgage

recorded subsequent to the deed of trust or mortgage being

foreclosed, or recorded prior to or concurrently with the deed of

trust or mortgage being foreclosed but subject to a recorded

agreement or a recorded statement of subordination to the deed of

trust or mortgage being foreclosed.

  (C) The assignee of any interest of the beneficiary or mortgagee

described in subparagraph (B), as of the recording date of the notice

of default.

  (D) The vendee of any contract of sale, or the lessee of any

lease, of the estate or interest being foreclosed which is recorded

subsequent to the deed of trust or mortgage being foreclosed, or

recorded prior to or concurrently with the deed of trust or mortgage

being foreclosed but subject to a recorded agreement or statement of

subordination to the deed of trust or mortgage being foreclosed.

  (E) The successor in interest to the vendee or lessee described in

subparagraph (D), as of the recording date of the notice of default.

 

  (F) The office of the Controller, Sacramento, California, where,

as of the recording date of the notice of default, a "Notice of Lien

for Postponed Property Taxes" has been recorded against the real

property to which the notice of default applies.

  (3) At least 20 days before the date of sale, 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 of the time and place of sale addressed to each person

to whom a copy of the notice of default is to be mailed as provided

in paragraphs (1) and (2), and addressed to the office of any state

taxing agency, Sacramento, California, which has recorded, subsequent

to the deed of trust or mortgage being foreclosed, a notice of tax

lien prior to the recording date of the notice of default against the

real property to which the notice of default applies.

  (4) Provide a copy of the notice of sale to the Internal Revenue

Service, in accordance with Section 7425 of the Internal Revenue Code

and any applicable federal regulation, if a "Notice of Federal Tax

Lien under Internal Revenue Laws" has been recorded, subsequent to

the deed of trust or mortgage being foreclosed, against the real

property to which the notice of sale applies. The failure to provide

the Internal Revenue Service with a copy of the notice of sale

pursuant to this paragraph shall be sufficient cause to rescind the

trustee's sale and invalidate the trustee's deed, at the option of

either the successful bidder at the trustee's sale or the trustee,

and in either case with the consent of the beneficiary. Any option to

rescind the trustee's sale pursuant to this paragraph shall be

exercised prior to any transfer of the property by the successful

bidder to a bona fide purchaser for value. A recision of the trustee'

s sale pursuant to this paragraph may be recorded in a notice of

recision pursuant to Section 1058.5.

  (5) The mailing of notices in the manner set forth in paragraph

(1) shall not impose upon any licensed attorney, agent, or employee

of any person entitled to receive notices as herein set forth any

duty to communicate the notice to the entitled person from the fact

that the mailing address used by the county recorder is the address

of the attorney, agent, or employee.

  (d) Any deed of trust or mortgage with power of sale hereafter

executed upon real property or an estate for years therein may

contain a request that a copy of any notice of default and a copy of

any notice of sale thereunder shall be mailed to any person or party

thereto at the address of the person given therein, and a copy of any

notice of default and of any notice of sale shall be mailed to each

of these at the same time and in the same manner required as though a

separate request therefor had been filed by each of these persons as

herein authorized. If any deed of trust or mortgage with power of

sale executed after September 19, 1939, except a deed of trust or

mortgage of any of the classes excepted from the provisions of

Section 2924, does not contain a mailing address of the trustor or

mortgagor therein named, and if no request for special notice by the

trustor or mortgagor in substantially the form set forth in this

section has subsequently been recorded, a copy of the notice of

default shall be published once a week for at least four weeks in a

newspaper of general circulation in the county in which the property

is situated, the publication to commence within 10 business days

after the filing of the notice of default. In lieu of publication, a

copy of the notice of default may be delivered personally to the

trustor or mortgagor within the 10 business days or at any time

before publication is completed, or by posting the notice of default

in a conspicuous place on the property and mailing the notice to the

last known address of the trustor or mortgagor.

  (e) Any person required to mail a copy of a notice of default or

notice of sale to each trustor or mortgagor pursuant to subdivision

(b) or (c) by registered or certified mail shall simultaneously cause

to be deposited in the United States mail, with postage prepaid and

mailed by first-class mail, an envelope containing an additional copy

of the required notice addressed to each trustor or mortgagor at the

same address to which the notice is sent by registered or certified

mail pursuant to subdivision (b) or (c). The person shall execute and

retain an affidavit identifying the notice mailed, showing the name

and residence or business address of that person, that he or she is

over the age of 18 years, the date of deposit in the mail, the name

and address of the trustor or mortgagor to whom sent, and that the

envelope was sealed and deposited in the mail with postage fully

prepaid. In the absence of fraud, the affidavit required by this

subdivision shall establish a conclusive presumption of mailing.

  (f) No request for a copy of any notice filed for record pursuant

to this section, no statement or allegation in the request, and no

record thereof shall affect the title to real property or be deemed

notice to any person that any person requesting copies of notice has

or claims any right, title, or interest in, or lien or charge upon

the property described in the deed of trust or mortgage referred to

therein.

  (g) "Business day," as used in this section, has the meaning

specified in Section 9.

 

 

 

2924c. (a) (1) Whenever all or a portion of the principal sum of

any obligation secured by deed of trust or mortgage on real property

or an estate for years therein hereafter executed has, prior to the

maturity date fixed in that obligation, become due or been declared

due by reason of default in payment of interest or of any installment

of principal, or by reason of failure of trustor or mortgagor to

pay, in accordance with the terms of that obligation or of the deed

of trust or mortgage, taxes, assessments, premiums for insurance, or

advances made by beneficiary or mortgagee in accordance with the

terms of that obligation or of the deed of trust or mortgage, the

trustor or mortgagor or his or her successor in interest in the

mortgaged or trust property or any part thereof, or any beneficiary

under a subordinate deed of trust or any other person having a

subordinate lien or encumbrance of record thereon, at any time within

the period specified in subdivision (e), if the power of sale

therein is to be exercised, or, otherwise at any time prior to entry

of the decree of foreclosure, may pay to the beneficiary or the

mortgagee or their successors in interest, respectively, the entire

amount due, at the time payment is tendered, with respect to (A) all

amounts of principal, interest, taxes, assessments, insurance

premiums, or advances actually known by the beneficiary to be, and

that are, in default and shown in the notice of default, under the

terms of the deed of trust or mortgage and the obligation secured

thereby, (B) all amounts in default on recurring obligations not

shown in the notice of default, and (C) all reasonable costs and

expenses, subject to subdivision (c), which are actually incurred in

enforcing the terms of the obligation, deed of trust, or mortgage,

and trustee's or attorney's fees, subject to subdivision (d), other

than the portion of principal as would not then be due had no default

occurred, and thereby cure the default theretofore existing, and

thereupon, all proceedings theretofore had or instituted shall be

dismissed or discontinued and the obligation and deed of trust or

mortgage shall be reinstated and shall be and remain in force and

effect, the same as if the acceleration had not occurred. This

section does not apply to bonds or other evidences of indebtedness

authorized or permitted to be issued by the Commissioner of

Corporations or made by a public utility subject to the Public

Utilities Code. For the purposes of this subdivision, the term

"recurring obligation" means all amounts of principal and interest on

the loan, or rents, subject to the deed of trust or mortgage in

default due after the notice of default is recorded; all amounts of

principal and interest or rents advanced on senior liens or

leaseholds which are advanced after the recordation of the notice of

default; and payments of taxes, assessments, and hazard insurance

advanced after recordation of the notice of default. Where the

beneficiary or mortgagee has made no advances on defaults which would

constitute recurring obligations, the beneficiary or mortgagee may

require the trustor or mortgagor to provide reliable written evidence

that the amounts have been paid prior to reinstatement.

  (2) If the trustor, mortgagor, or other person authorized to cure

the default pursuant to this subdivision does cure the default, the

beneficiary or mortgagee or the agent for the beneficiary or

mortgagee shall, within 21 days following the reinstatement, execute

and deliver to the trustee a notice of rescission which rescinds the

declaration of default and demand for sale and advises the trustee of

the date of reinstatement. The trustee shall cause the notice of

rescission to be recorded within 30 days of receipt of the notice of

rescission and of all allowable fees and costs.

  No charge, except for the recording fee, shall be made against the

trustor or mortgagor for the execution and recordation of the notice

which rescinds the declaration of default and demand for sale.

  (b) (1) The notice, of any default described in this section,

recorded pursuant to Section 2924, and mailed to any person pursuant

to Section 2924b, shall begin with the following statement, printed

or typed thereon:

   "IMPORTANT NOTICE (14-point boldface type if printed or in

capital letters if typed)

 

  IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR

PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION, (14-point boldface

type if printed or in capital letters if typed) and you may have the

legal right to bring your account in good standing by paying all of

your past due payments plus permitted costs and expenses within the

time permitted by law for reinstatement of your account, which is

normally five business days prior to the date set for the sale of

your property. No sale date may be set until three months from the

date this notice of default may be recorded (which date of

recordation appears on this notice).

 

 

 This amount is ___________________ as of ______________________

                          (Date)

and will increase until your account becomes current.

 

  While your property is in foreclosure, you still must pay other

obligations (such as insurance and taxes) required by your note and

deed of trust or mortgage. If you fail to make future payments on

the loan, pay taxes on the property, provide insurance on the

property, or pay other obligations as required in the note and deed

of trust or mortgage, the beneficiary or mortgagee may insist that

you do so in order to reinstate your account in good standing. In

addition, the beneficiary or mortgagee may require as a condition to

reinstatement that you provide reliable written evidence that you

paid all senior liens, property taxes, and hazard insurance premiums.

 

  Upon your written request, the beneficiary or mortgagee will give

you a written itemization of the entire amount you must pay. You may

not have to pay the entire unpaid portion of your account, even

though full payment was demanded, but you must pay all amounts in

default at the time payment is made. However, you and your

beneficiary or mortgagee may mutually agree in writing prior to the

time the notice of sale is posted (which may not be earlier than the

end of the three-month period stated above) to, among other things,

(1) provide additional time in which to cure the default by transfer

of the property or otherwise; or (2) establish a schedule of payments

in order to cure your default; or both (1) and (2).

  Following the expiration of the time period referred to in the

first paragraph of this notice, unless the obligation being

foreclosed upon or a separate written agreement between you and your

creditor permits a longer period, you have only the legal right to

stop the sale of your property by paying the entire amount demanded

by your creditor.

  To find out the amount you must pay, or to arrange for payment to

stop the foreclosure, or if your property is in foreclosure for any

other reason, contact:

 

 

             ______________________________________

              (Name of beneficiary or mortgagee)

 

             ______________________________________

                   (Mailing address)

 

             ______________________________________

                    (Telephone)

 

  If you have any questions, you should contact a lawyer or the

governmental agency which may have insured your loan.

  Notwithstanding the fact that your property is in foreclosure, you

may offer your property for sale, provided the sale is concluded

prior to the conclusion of the foreclosure.

  Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT

ACTION. (14-point boldface type if printed or in capital letters if

typed)"

 

  Unless otherwise specified, the notice, if printed, shall appear

in at lea