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HomeMy WebLinkAboutNotice of Default and Election to Sell Under Deed of Trust RECOIPDING REQUESTED BY: All American Foreclosure Service WHEN RECORDED MAIL TO: All American Foreclosure Service THE FOLLOWING COPY OF THE "NOTICE", THE ORIGINAL OF WHICH WAS 1363 Marsh Street RECORDED 9/3/2010 San Luis Obispo, California 93401 INSTRUMENT # 2010043193, SAN Luis OBISPO COUNTY, CAUFORNIA IS SENT TO YOU INASMUCH AS AN EXAMINATION OF THE TITLE TO SAID TRUST PROPERTY SHOWS YOU MAY HAVE AN INTEREST THE TRUSTEE'S SALE PROCEEDINGS. Loan No.: 330910 -L9 TS No.: 41527 TO No. NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST 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 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 $2,833.66 as of 9/2/2010, 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 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. 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: SESLOC Federal Credit Union C/O All American Foreclosure Service 1363 Marsh Street San Luis Obispo, California 93401 Phone: (805) 543 -7088 TS No.: 41527 Loan No.: 330910 - NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST 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 All American Foreclosure Service 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 5/4/2005, executed by Anthony Maez and Fabiola Maez, husband and wife as joint tenants, as Trustor, to secure certain obligations in favor of SESLOC Federal Credit Union, as Beneficiary, recorded 5/10/2005, as Instrument No. 2005037823, in Book , Page , of Official Records in the Office of the Recorder of San Luis Obispo County, California describing land therein as: As more fully described on said Deed of Trust. Including one NOTE(S) FOR THE ORIGINAL sum of $59,586.00, that the beneficial interest under such Deed of Trust and the obligations secured thereby are presently held by the undersigned; that a breach o1 and default in, the obligations for which such Deed of Trust is security has occurred in that payment has not been made of Installment of Principal and Interest plus impounds and/or advances which . became due on 5/26/2010 plus late charges, and all subsequent installments of principal, interest, balloon payments, plus impounds and /or advances and late charges that become payable. That by reason thereof the present beneficiary under such deed of trust, has executed and delivered to said duly appointed Trustee, a written Declaration of Default and Demand for same, and has deposited with said duly appointed 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. The undersigned mortgagee, beneficiary or its designated agent pursuant to the California Civil Code Section 2923.5 declares the mortgagee, beneficiary or the mortgagee's or beneficiary's authorized agent has either contacted the borrower or tried with due diligence to contact the borrower as required by California Civil Code Section 2923.5 Dated: 9/2/2010 All American Foreclosure Service ` BY: U12/1/20114.14— Veronica Borba, Agent END OF DOCUMENT ALL AMERICAN FORECLOSURE SERVICE 0 1363 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA 93401 (805) 543.7088 PHONE (8O5) 543 -7332 FAX INFO @AAFORECLOSURE.COM Date: 9/13/2010 T.S. Number: 41527 Loan Number: 330910 -L9 DEBT VALIDATION NOTICE I. The enclosed document relates to a debt owed to: SESLOC Federal Credit Union BY (Original Trustor): Anthony Maez and Fabiola Maez, husband and wife as joint tenants Address: 1518 Ash Street Arroyo Grande, CA 93420 2. You may send us a written request for the name and address of the original creditor, if different from the current creditor, and we will obtain and mail the information within thirty (30) days after we receive your written request. 3. As of 9/2/2010 the total delinquency owed was $2,833.66, because of interest, late charges, and other charges that may vary from day to day this amount will increase until the delinquency has been fully paid. Before forwarding payment please contact the above at the address or phone number listed in order to receive the current amount owed. 4. As of 9/13/2010, the amount required to pay the entire debt in full was the unpaid principal balance of $51,999.11, plus interest from 6/18/2010, late charges, negative escrow and attorney and/or trustee's fees and costs that may have been incurred. The amount will increase daily until the debt has been paid in full. For further information please write to the above listed address or call (805) 543 -7088 5. You may dispute the validity of this debt, or any portion thereof, by contacting our office within thirty (30) days after receiving this notice. In that event, we will obtain and mail to you written verification of the debt. Otherwise, we will assume that the debt is valid. WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. "The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements of call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attomey or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1 /877/FTC- HELP or www.ftc.gov."