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Foreclosure is the process
for enforcing lender rights once the obligation secured by a deed of
trust is in default.
1. Initial Steps: A. The
note, deed of trust and information on the default are forwarded to
the trustee. B. The notice of default and other necessary
documents are prepared. C. The notice of default is then recorded
and the foreclosure time line begins.
2. Default
Period. A. A trustee sale guaranty (TSG) is ordered from a
title company. B. The required 10 day and one month legal
mailings are sent to the borrower and the junior lien holders. C.
If the loan has not been reinstated or paid off within the
three-month default period, the lender then authorizes the next step
in the foreclosure proceedings.
3. Publication Period and
Trustee's Sale. A. The trustee will prepare, record and
arrange to post the notice of trustees sale. B. The notice of
trustee's sale must be published once a week for three consecutive
weeks in a newspaper of general circulation near the property
location. C. The borrower or junior lien holder may reinstate the
loan at any time up to five business days before the sale
date. D. If the loan has not been reinstated prior to five
business days before the sale, the beneficiary may demand that the
entire unpaid obligation be paid in full during that five-day
period.
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