HomeMy WebLinkAboutRecorded Doc 2022-063 DOC # 2022-0339278
?V ad- D& 3 07/29/2022 03:58 PM Fees: $108.00
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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.
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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$73,295.00, that the beneficial
interest under such Deed of Trust and the obligations secured thereby are presently held by the
Beneficiary; that a breach of, and default in, the obligations for which such Deed of Trust is security has
occurred in that payment has not been made of:
The installment of Principal, Interest, impounds and late fees which became due on 3/1/2022
together with all subsequent installments of principal, interest, impounds, late fees and foreclosure
fees and expenses. Any advances which may hereafter be made. All obligations and indebtedness
as they become due and charges pursuant to said Note and Deed of Trust.
That by reason thereof, the present beneficiary under such deed of trust, has executed and delivered to
said agent duly appointed Trustee, a written Declaration of Default and Demand for same, and has
deposited with said agent duly appointed Trustee, such deed of trust and all documents evidencing
obligations secured thereby, and has declared and does hereby declare all sums secured thereby
immediately due and payable and'has elected and does hereby elect to cause the trust property to be sold
to satisfy the obligations secured thereby.
Dated: 7/28/2022
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DOC #2022-0339278 Page 3 of 4
TS No.:S.477-1173
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
PROBER AND RAPHAEL,ALC
BY:
Vahe Sargsyan,Trustee Sale Technician
A declaration from the mortgage, beneficiary or authorized agent is attached to the Notice of
Default. We are assisting the Beneficiary to collect a debt and any information we obtain will be
used for that purpose whether received orally or in writing.
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DOC #2022-0339278 Page 4 of 4
CALIFORNIA DECLARATION OF COMPLIANCE
(Civil Code § 2923.55(c))
Borrower(s): LUZ M.CEBALLOS,A.SINGLE WOMAN.
Mortgage Servicer: Selene Finance.
Property Address: 3086.0 MISSION DRIVE,
CATHEDRAL CITY, California 92234
T.$ 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