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HomeMy WebLinkAboutRecorded Doc 2022-063 DOC # 2022-0339278 ?V ad- D& 3 07/29/2022 03:58 PM Fees: $108.00 Page 1 of 4 Recorded in Official Records County of Riverside BY: Aster Aldana RECORDING REQUESTED Assessor-County Clerk-Recorder Prober & Raphael,ALC WHEN RECORDED MAIL TO: Prober & Raphael, ALC **This document was electronically submitted p to the County of Riverside for recording" 20750 Ventura Blvd. #100 Receipted by: ESTHER#037 Woodland Hills, California 91364 Phone: (818) 227-0100 SPACE ABOVE THIS LINE FOR RECORDER'S USE TS No.: S.477-1173 APN: 677-353-007 Title Order No.: 220419356-CA-VOI NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST ATTENTION RECORDER: THE FOLLOWING REFERENCE TO AN ATTACHED SUMMARY IS APPLICABLE TO THE NOTICE PROVIDED TO THE TRUSTOR ONLY NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED p1.iAlfg: 1]T iAi011 2:41-171- 91 '-1 NOTA: SE ADJUNTA UN RESUMEN DE LA INFORMACION DE ESTE DOCUMENTO TALA: MAYROONG BUOD NG IMPORMASYON SA DOKUMENTONG ITO NA NAKALAKIP LU'U 1(: KEM THEO DAY LA BAN TR1NH BAY TOM LU'OC VE THONG TIN TRONG TAI LIEU NAY (The above statement is made pursuant to CA Civil Code Section 2923.3(c)(1). The Summary will be provided to Trustor(s)and/or vested owner(s) only,pursuant to CA Civil Code Section 2923(c)(2).) 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 approximately 90 days from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is S5,429.60 as of 7/28/2022, 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. 1 DOC #2022-0339278 Page 2 of 4 TS No.: S.477-1173 NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST ` • 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 three months after this notice of default is recorded) 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: U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for Legacy Mortgage Asset Trust 2021-GS4 CIO Prober& Raphael,ALC 20750 Ventura Blvd. #100 Woodland Hills, California 91364 Phone: (818)227-0100 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 PROBER AND RAPHAEL, ALC 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 3/10/2000,executed by LUZ M. CEBALLOS,A SINGLE WOMAN, as Trustor,to secure certain obligations in favor of MORTGAGE CAPITAL RESOURCE CORPORATION, as beneficiary, recorded 3/17/2000, as Instrument No. 2000-099574, in Book N/A, Page N/A, The subject Deed of Trust was modified by Loan Modification recorded as Instrument 2012-0406604 and recorded on 08/27/2012 of Official Records in the Office of the Recorder of Riverside County, California describing land therein as: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST. Said obligation including ONE NOTE(S) FOR THE ORIGINAL sum of$73,295.00, that the beneficial interest under such Deed of Trust and the obligations secured thereby are presently held by the Beneficiary; that a breach of, and default in, the obligations for which such Deed of Trust is security has occurred in that payment has not been made of: The installment of Principal, Interest, impounds and late fees which became due on 3/1/2022 together with all subsequent installments of principal, interest, impounds, late fees and foreclosure fees and expenses. Any advances which may hereafter be made. All obligations and indebtedness as they become due and charges pursuant to said Note and Deed of Trust. That by reason thereof, the present beneficiary under such deed of trust, has executed and delivered to said agent duly appointed Trustee, a written Declaration of Default and Demand for same, and has deposited with said agent duly appointed Trustee, such deed of trust and all documents evidencing obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and'has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. Dated: 7/28/2022 2 DOC #2022-0339278 Page 3 of 4 TS No.:S.477-1173 NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST PROBER AND RAPHAEL,ALC BY: Vahe Sargsyan,Trustee Sale Technician A declaration from the mortgage, beneficiary or authorized agent is attached to the Notice of Default. We are assisting the Beneficiary to collect a debt and any information we obtain will be used for that purpose whether received orally or in writing. �-, 3 DOC #2022-0339278 Page 4 of 4 CALIFORNIA DECLARATION OF COMPLIANCE (Civil Code § 2923.55(c)) Borrower(s): LUZ M.CEBALLOS,A.SINGLE WOMAN. Mortgage Servicer: Selene Finance. Property Address: 3086.0 MISSION DRIVE, CATHEDRAL CITY, California 92234 T.$ No: S.47.7-1.173 The undersigned, as an authorized agent or employee of the mortgage servicer named below,declares that: 1. .❑ The mortgage servicer has contacted the Borrower pursuant to. California' Civil Code § 2923.55(b)(2)to"assess the borrower's financial situation and explore options for the borrower to avoi .foreclosure". Thirty(30)days,,or more, have passed since the initial contact was made.. 2. . The mortgage servicer has exercised due diligence to contact the borrower pursuant to California Civil Code§2923.55(f)to`assess the borrower's financial situation and explore options for the borrower to avoid foreclosure", Thirty (30) days, or more, have passed since these due diligence:efforts were satisfied. 3. 0 No contact was required by the mortgage servicer because the individual did not meet the definition.of 'borrower'` pursuant to California Civil Code subdivision (c) of § 2920.5(c), or the definition of"successor in interest"pursuant to.California Civil Code subdivisions (b)(1)and (i)(4) of section 2920.7.). 4: ❑ The requirements of California Civil Code§ 2923.55 do not apply because the loan is not secured by a first lien mortgage or deed of Trust:on "owner occupied' residential real property as defined by California Civil Code..§2924.15. Additionally,pursuant to California Civil Code§3273.10: 1. ❑ During the effective time period of 9/1/2020 and 4/1/2021, the mortgage serviCer denied a forbearance request that met the conditions of Civil Code I .3273.10(e). .A copy of written forbearance denial notice is attached...A Forbearance ❑was ❑was not subsequently provided. 2. ❑ During the effective.time period of 9/1/2020 and 4/1/2021, the mortgage servicer did not receive a forbearance request that met the conditions of Civil Code.§3273.10(a). I certify and represent that this mortgage servicer's declaration is accurate, complete'.and based upon competent.and reliable.evidence; which the mortgage servicer has reviewed including my review of the mortgage servicer's. business records, to substantiate the borrower's default and the right to foreclose, including.the borrower's loan status and loan information. Date: )c 1'1\ Z-oLr Selene Finance, Mortgage Servicer By: / ` `— '----- Korey McGovern