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Non-Judicial Foreclosure
Calif. Code of Procedures
Lis Pendens
Foreclosure Glossary
Misc.
100
The foreclosure process is commenced by the recording of a _______________.
What is Notice of Default
100
A party bringing suit and filing a complaint.
Who is the Plaintiff
100
It is important to obtain this document which lists every person who has a recorded interest in the affected real property.
What is a Litigation Guarantee
100
The lender of their successor in interest for whose benefit a trust is created and to whom the debt is owed.
What is the Beneficiary
100
In the event that the trustee maintains a reasonable belief that it has been named in the action or proceeding solely in its capacity as trustee, and not arising out of any wrongful acts or omissions,the trustee may file a __________.
What is Declaration of Nonmonetary Status
200
The Notice of Trustee's Sale must be recorded at least 14 dyas prior to the date of sale if recorded on or before January 1, 2010. or at least ______ days prior to te sale if recorded after January 1, 2010. Cal Civil Code § 2924f(b)
What is 20 days
200
A memorandum of points and authorities that exceeds 10 pages shall include _____________ and _____________.
What is a table of contents and table of authorities.
200
If there is no title policy or preliminary report you may review the this place to obtain names and addresses of all persons with a recorded interest in the affected property.
What is the county recorder's title indexes.
200
a written document that cancels or annuls the effect of a notice of default when a default has been cured (reinstated).
What is a Notice of Rescission
200
All employees who work more than six hours per day take time out for lunch and typically shall be taken not more than 4 ½ hours after commencement or work. If you exceed 4 ½ hours you may incure a ___________.
What is a meal penalty.
300
There may be a postponement of the sale proceedings at any time prior to the completion of the sale for any period of time not to exceed a total of ________days from the date set forth in the notice of sale. Cal. Civil Code § 2924g(c)(1)
What is 365 days
300
This type of Motion requires a seperate statement from both moving and opposing parties. If lacking, court may deny the motion of that basis alone.
What is a Motion for Summary Judgment.
300
Under California Statutes, a Lis Pendens must be __________ when the complaint is filed.
What is recorded.
300
Entity formed by a consortium of lenders to hold the nominal interest in a mortgage or deed of trust so that Assignments would not need to be recorded every time a loan is sold on the secondary market.
What is Mortgage Electronic Registration System (MERS)
300
McCarthy & Holthus has a policy that if a client doesn't respond to our contact that it is our obligation to get a response. No more than ______ days should pass in between contacts.
What is 2 days
400
A written document, that tranfers the beneficial interest in a note and deed of trust from one to another.
What is an Assignment of Deed of Trust
400
Moving and supporting papers must be served and filed at least _______ court days before the time appointed for hearing.
What is 16 days.
400
When a Lis Pendens is recorded, it must be accompanied by a proof of mailing by ___________ or _________ mail.
What is registered or certified.
400
A recorded document which gives notice that the loan secured by the indentified deed of trust has been paid in full.
What is a Reconveyance
400
Under the new Federal Rule of Civil Procedure, Rule 15, we only have 14 days to respond to an amended complaint. If we file a MTD it will be ______ if an amended complaint is filed, however, they have 21 days from service of the MTD to file the Amended Complaint.
What is moot.
500
The Trustee prepares and executes this document when the secured property is sold at a trustee's sale. This document transfers ownership to the successful bidder at the sale.
What is Trustee's Deed Upon Sale
500
In certain counties such as San Diego, when service is successfully completed on each Defendant, court requires a _______________ to be filed along with the proof of service.
What is a certificate of service
500
It is important to note that the presence of a Lis Pendens does not prevent or necessarily invalidate a transfer of the property, although it makes such a transfer subject to the outcome of the ______________.
What is litigation.
500
Freddie Mac and Fannie Mae are the __________ but are never the named beneficiary.
What are investors
500
Proior to filing a Rule 12(b)(6) motion in Central District you must __________ and __________ with Opposing Counsel 5 days prior to filing.
What is meet and confer