HomeMy WebLinkAboutNotice of Default and Election to Sell Under Deed of Trust -THE REDEVELOPMENT AGENCY OF THE CITY
O
AGENCY CLERK
2000 MAIN ST
2ND FLOOR
HUNTINGTON BEACH, CA 92648
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IMPORTANT INFORMATION IS
CONTAINED WITHIN THE ATTACHED
NOTICE.
PLEASE READ CAREFULLY
♦ DEBT
COLLECTOR ATTEMPTING O COLLECT A
DEBT. INFORMATION OBTAINED
BE USED FOR THAT PURPOSE.
FCUS_Std_Banner _Portrait DocGen.xpt-(11/13/08)/Ver-31
Recording requested by:
LAWYERS TITLE
When Recorded Mail To:
NDEx West, L..1-..C.
15000 Surveyor Boulevard, Suite 500
Ad dison, Texas 75001-9013
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DFF20090134001419
This Document was electronically recorded by
United Title Company_Colton
Recorded In Official Records, Orange County
Tom Daly, Clerk -Recorder
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2009000090068 02:00pm 02/26/09
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Space above this line for Recorders use only
Trustee Sale No.: 20090134001419 Title Order No: 20960339
IMPORTANT NOTICE
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER
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IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS
IT MAY BE SOLD WITHOUT ANY COURT ACTION, 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 516,032.08 as of 2/24/2009 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 of 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 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
PCUS Noticc0FDcfbutt rpt(0910512006)Vcr-24 page 1 of 2
IMPORTANT NOTICE
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
Trustee Sale No.: 20090134001419 Title Order No.: 20960339
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:
AMERICA'S SERVICING COMPANY
c/o NDEx West, LLC
15000 Surveyor Boulevard, Suite 500
Addison, Texas 75001-9013
(866)795-1852
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.
NOTICE IS HEREBY GIVEN THAT: NDEx West, LLC is the original Trustee, duly appointed Substituted Trustee, or
acting as Agent for the Trustee or Beneficiary under a Deed of Trust dated 12/27/2004, executed by FELIPE FLORES, as Trustor, to
secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), as Beneficiary
Recorded on 1213012004 as Instrument No. 2004001159926 of official records in the Office of the Recorder of ORANGE County,
California, as more fully described on said Deed of Trust, Including a Note(s)i Unconditional Guaranty which had a principal amount
of $525,000.00 that the beneficial interest under said Deed of Trust and the obligations secured thereby are presently held by the
Benefciat; that a breach of, and default in, the obligations for which said Deed of Trust is security has occurred in that the payment
has not been made of
THE INSTALLMENT OF PRINCIPAL AND INTEREST WHICH BECAME DUE ON 11/1/2008 AND ALL SUBSEQUENT
INSTALLMENTS, TOGETHER WITH LATE CHARGES AS SET FORTH IN SAID NOTE AND DEED OF TRUST,
ADVANCES, ASSESSMENTS, FEES, AND/OR TRUSTEE FEES, IF ANY.
NOTHING IN THIS NOTICE SHALL BE CONSTRUED AS A WAIVER OF ANY FEES OWING TO THE
BENEFICIARY UNDER THE DEED OF TRUST, PURSUANT TO THE TERMS OF THE LOAN DOCUMENTS.
That by reason thereof, the present beneficiary under such deed of trust, has executed and delivered to said agent, a written Declaration
of Default and Demand for same, and has deposited with said agent such deed of trust and all documents evidencing obligations
secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and has elected and
does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby.
rCUS_NoliceOfDdault rpt(09105!2008)Vcr-24 Page 2 tit
NOTICE OF DEFAULT DECLARATION
PURSUANT TO CALIFORNIA CIVIL CODE 2923.5
America's Servicing Company
3476 Stateview Blvd.
Fort Mill, SC 29715
Borrower:FELIPE FLORES
The undersigned mortgagee, beneficiary, or their authorized agent (collectively, the
"Beneficiary") represent and declares that the requirements of CA Civil Code 2923.5 have been
met. This Declaration is required for any residential owner occupied property in which the loan
was originated between January 1, 2003 and December 31, 2007. Non -owner occupied and
vacant properties are exempt from the requirements of CA Civil Code 2923.5.
One of the below necessary requirements was met by the Beneficiary:
* The Beneficiary has made contact with the borrower pursuant to CA Civil Code
2923(a)(2). Contact with the borrower was made in person or, by telephone to assess the
borrower's financial situation and explore options for the borrower to avoid foreclosure.
Due Diligence to contact the borrower was exercised pursuant to CA Civil Code
2923.5(g)(2) by the Beneficiary.
The borrower has 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 pursuant to CA Civil Code 2923.5(1)(1).
* The borrower has contracted with an organization, person, or entity whose primary
business is advising people who have decided to leave their homes on how to extend the
foreclosure process and avoid their contractual obligations to mortgagees or beneficiaries
pursuant to CA Civil Code 2923.5(h)(2).
* The borrower has filed for bankruptcy and the proceedings have not been finalized
pursuant to CA Civil Code 2923.5(h)(3),
Dated: 02/19/2009 1, (4
Americ Servicing Company
John Kennelly