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HomeMy WebLinkAboutNotice of Default Recording Requested By THIS IS TO CERTIFY THAT THIS IS A FULL, When Recorded Mail To TRUE AND CORRECT COPY OF THE ORIGINAL RECORDED IN THE OFFICE OF THE COUNTY Cal- Western Reconveyance Corp. RECORDING FEE: $23.00 P.O. Box 22004 RECORDED ON: August 17, 2010 525 East Main Street El Cajon CA 92022 -9004 AS DOCUMENT NO: 10-39419 BY: sl Laura Cortez /T.O. Lucy McCord *1258294 *NODxR* LSI TITLE COMPANY (CA) Trustee Sale No. 6258,9�15 �p 1, ©� APN: 077-127-026 t �� �'+(� O }� Space Above This Line For Recorder's Use Loan No. XXX0CX4154 Ref: FAIRFIELD, KENNY Property Address: 1472 ASH STREET, ARROYO GRANDE CA 93420 NOTICE OF DEFAULT IMPORTANT NOTICE 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 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 $40,127.26 as of August 16, 2010, 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,prapertytaxes, and hazardinsurance 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 rind 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: WELLS FARGO BANK, NA CIO CAL - WESTERN RECONVEYANCE CORPORATION 525 EAST MAIN STREET P.O. BOX 22004 EL CAJON 9004 CA 92022 -9004 (619)590 -9200 If you have any questions, you should contact a lawyer or the governmental agency which may have insured your loan. )CA rev04 /15/10 Page 1 of 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 OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST NOTICE IS HEREBY GIVEN: CAL - WESTERN RECONVEYANCE CORPORATION is either the original trustee, the duly appointed substituted trustee, or acting as agent for the trustee or beneficiary under a deed of trust dated October 09, 2007 executed by GLEN E. FAIRFIELD AND KENNY LEE FAIRFIELD, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP as trustor, to secure certain obligations in favor of WELLS FARGO BANK, N.A. A NATIONAL ASSOCIATION as beneficiary, recorded as document 2007068878 on October 16, 2007 in book XX page XX official records in the office of County Recorder of SAN LUIS OBISPO County, California, describing land therein as: COMPLETELY DESCRIBED IN SAID DEED OF TRUST, said obligations including a promissory note for the principal sum of $270,259.00. That a breach of, and default in, the obligations for which such Deed of Trust is security has occurred in that payment has not been made of: Failure to pay the monthly payment due March 1, 2009 of principal and interest and subsequent installments due thereafter; plus late charges; together with all subsequent sums advanced by beneficiary pursuant to the terms and conditions of said deed of trust. That by reason thereof the present beneficiary under such Deed of Trust has deposited with said trustee 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. See attached SB1137 Declaration. T.S. 1258294 -15 Dated: August 16, 2010 CAL - WESTERN RECONVEYANCE CORPORATION LSI TIT COtAPANY, AS AGENT wit % Signature By (u441 f� ��'�.C?�`� Laura Cortez NODCA rev 04/15/10 Page 2 of 2 01/20/10 08:53:07 "a/ NOTICE OF DEFAULT DECLARATION PURSUANT TO CALIFORNIA CIVIL CODE 2923.5 Wells Fargo Home Mortgage 3476 Stateview Blvd. Fort Mill, SC 29715 Borrower: KENNY L FAIRFIELD Property Address:1472 ASH STREET ARROYO GRAND CA 93420 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 property and vacant property are exempt from the requirements of CA Civil Code 29235. 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- CASivil --Cove 2923.5(gX2) 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(hx1). ` 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(hx3). I certify (or declare) under penalty of perjury under the la of the State of California that the foregoing is true and correct. Dated: 1/8/2010 Wells Far:. ome Mortgage John erty - !_ P.O. Box 23159 San Diego, CA 92193 -3159 I 11 10 Ill IMPORTANT INFORMATION ENCLOSED 7104 1994 1410 5578 5076 Mailed On: September 17, 2010 Reference Number: 1258294 -15 11 Mailing Number: 1655041 -01 ClientID: CWR CE CITY OF ARROYO GRANDE C/O CITY CLERK PO BOX 550 ARROYO GRANDE CA 93420 Pursuant to the requirements contained in section 2924b of the Civil Code of the State of Califomia, we enclose a copy of a Notice of Default and Election to Sell under-Deed of Trust in an envelope-and-with postage-prepaid: - - - - - - - - You will please observe that said Notice of Default and Election to Sell under Deed of Trust was recorded on August 17, 2010 and that this notice was mailed within the required statutory time limit. Thank you. CAL - WESTERN RECONVEYANCE CORPORATION Enclosure nodmoca Rev.06 /28/10 Cal- Western Reconveyance Corporation 525 East Main Street, El Cajon, California 92020 •P.O. Box 22004, El Cajon, California 92022 -9004 TEL: (619) 590 -9200 •FAX: (619) 590 -9299 • Website: www.cwrc.com