1 Orchard Rd., Suite 110
Lake Forest, CA 92630
Tel: 949.305.8901
Fax: 949.305.8406
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Foreclosure Order Form

Instructions for starting a foreclosure:

  • Complete and print this form
  • Sign and initial where needed
  • Mail or fax to:

            C&H Trust Deed Service
            1 Orchard Rd., Suite 110
            Lake Forest, California  92630-8315
            (949) 305-8901 
            Fax.: (949) 305-8406

With this form, please also send us copies of:

  • Promissory Note
  • Deed of Trust (with recording date and instrument number)
  • Any Assignments of Deed of Trust
  • Payment History
  • Recent correspondence with your borrower
Foreclosure Instruction

Your loan number:
Property Owner's Name:
Subject property address:
City, State & Zip:
Type of Property (commercial, residential, vacant land):
Very Important: Provide any known mailing addresses for borrower and/or current owner (other than the above):
Other Known address (1):
Other Known address (2):
Other Known address (3):
Loan Specifications:
Original Principal Amount:$
Original Note Term (From-To):
Loan Interest rate: %
Current Principal Balance:$
Monthly Payment:$
Due Date of Missed Pymt:
Number of Payments now past due:
Amount of Late Charges:$
Number of Late Charges now due:
Have you made any advances? Yes    No

If yes, to whom:

Date:

Amount:

$
Reason(s) for default (check all that apply):
Failure to make monthly pymts:
Failure to pay when loan is due in full:
  • If loan is due in full, has a 90 balloon pymt notice been sent?
 Yes (provide a copy)   No
Failure to pay senior debt:     (Provide details below)
Failure to pay taxes, maintain insurance, etc.: (Provide details below)
Other:
Are any senior lenders in foreclosure? Yes (provide copies of docs rec'd)    No
Does the property generate rents? Yes  No
Other necessary information:

Your contact information:
Name:
Address:
Telephone No.:
Fax No.:
E-mail address:


                     DECLARATION OF DEFAULT AND DEMAND FOR SALE 

      The undersigned, as Beneficiary or Beneficiary's representative, hereby makes the following representations, each of which is material to and will be relied upon by C&H Trust Deed Service (hereafter "C&H"), in performing the services described herein:

  1. That a default has occurred on the subject loan and that the reason for the default, the specific amounts and terms causing said default, and all other information about the loan have been accurately related to C&H on this form and that, as a result of such default, the undersigned, who holds a majority beneficial interest in the subject Deed of Trust, makes this Declaration of Default and elects to cause the trust property to be sold to satisfy the obligations secured by such Deed of Trust.
  2. That Beneficiary has no knowledge of any bankruptcy proceeding affecting the trustor or successor owner of the subject property, and Beneficiary will immediately inform C&H in writing of any knowledge or notice of any such proceeding subsequently received.
  3. That, to the best of Beneficiary's knowledge and belief, the present owner of the subject property is not entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended.
  4. That Beneficiary will immediately inform C&H in writing of any further advances made.
  5. That Beneficiary has complied with all notification provisions as may be applicable to this loan.
  6. That Beneficiary has provided to C&H all known mailing addresses for the current property owners on the front of this form.
  7. That Beneficiary has possession of original documents and, if not tendered herewith, will produce them upon demand.

      Beneficiary further directs C&H to act as its agent in all respects in order to complete a non-judicial foreclosure sale and, without limiting other acts, specifically authorizes C&H as follows:

  • To sign and record Notice of Default.
  • To order a Trustee's Sale Guarantee and to include the charges therefor as part of the Trustee's fees and expenses.
  • To post and publish a Notice of Trustee's Sale and to include the charges therefor as part of the Trustee's fees and expenses.
  • To conduct and/or continue a Trustee's sale and to include the charges therefor as part of the Trustee's fees and expenses.
  • To contact borrower as necessary and to perform all other acts as necessary to perform a non-judicial foreclosure in accordance with California Civil Code, and to include the costs and charges therefor as part of the Trustee's fees and expenses.

                             TRUSTEE-BENEFICIARY AGREEMENT 

      In initiating foreclosure against that certain Deed of Trust referenced above, the undersigned beneficiary agrees to the following: 

  1. Not accept any payments from the Trustor either partial or in full and if any such payment is tendered by mail I will send same to C&H for immediate return to the Trustor. It is understood that acceptance of any payments after commencement of foreclosure activity can void the pending foreclosure and that if any such payments are accepted, all fees then due C&H will become immediately due and payable. 
  2. Notify all collection agencies and loan servicers working on my behalf to refuse further payments on this account. 
  3. I understand that, although C&H does not require an advance fee from the beneficiary, I am at all times responsible for all charges and fees incurred in this foreclosure proceeding.
  4. Should the trustor either file bankruptcy or initiate a lawsuit contesting the validity of the foreclosure, the beneficiary agrees to tender all foreclosure fees and costs then due C&H within 15 days of demand for same. I understand that a failure by me to satisfy any outstanding bill will result in the suspension of the foreclosure proceeding and C&H shall have no obligation to in any way proceed with the foreclosure proceeding until such billing is satisfied, or other arrangements are made. 
  5. Should the trustor initiate a lawsuit which includes C&H in its capacity as Trustee under the above Deed of Trust, I further agree to defend C&H at my expense. 
  6. I agree to hold C&H harmless from any damages which may be suffered by my acceptance of a Deed in Lieu of Foreclosure. I understand that if I choose to accept a Deed in Lieu of Foreclosure, I will remain liable for the fees and costs then due C&H.
  7. Should a current title report show a senior lien in default, I agree to deposit funds as needed to bring such senior lien current. Any such advances must be deposited at C&H for immediate forwarding to the senior lienor. 
  8. I declare that each of the statements on the attached Declaration of Default are true and correct. 
  9. In the event I sell any or all of my beneficial interest in this Note and/or security instrument, I understand and agree that the liability for payment of all fees and costs shall remain with me and does not carry forward to any new owner of the Note. I agree to pay such fees and costs when such transfer of beneficial interest is made.
  10. If a lien senior to my lien position goes to foreclosure sale and my equitable interest is lost, I agree to pay all fees and charges against this foreclosure at that time. 
  11. Should C&H deem it necessary to hire a collection agency or attorneys to collect outstanding fees and charges against this foreclosure, I agree to pay any and all charges for such services. In the event a lawsuit is brought to enforce any or all of a part of this agreement, I agree that the prevailing party in such litigation shall be entitled to their reasonable attorney’s fees and costs. 
  12. In the event it is determined by C&H or a Court of competent jurisdiction that C&H improperly performed or failed to perform any services required of them hereunder or applicable law, the liability of C&H to any party whatsoever shall be and hereby is limited to re-performing or performance of such services. In each foreclosure conducted by C&H, any obligation to re-perform or perform services shall terminate upon the date of recording a Trustee’s Deed Upon Sale in connection with such foreclosure. 
  13. By signing this Trustee-Beneficiary Agreement, I fully understand that C&H, from initiation until the end of any relationship hereunder, is not giving me legal advice. If I should not understand anything about the legal effects of this non-judicial foreclosure, I should consult the advice of an attorney. 

      I hereby certify that I have read and understood this Agreement, that I am the Beneficiary or representative and agent of the Beneficiary(ies) under the subject Deed of Trust and, as such, have legal authority to commit each Beneficiary to the payment, jointly and severally, of the total charges, costs and expenses to perform the foreclosure, and that I do agree to the payment of same on demand.

                                                                          Agreed:


Date: _____________________                    ____________________________________
                                                                        Signature of Beneficiary or Agent 

Print this form, have all parties sign above and mail or fax to:

C&H Trust Deed Service
1 Orchard Rd., Suite 110
Lake Forest, California 92630-8315
(949) 305-8901
Fax.: (949) 305-8406
 
 

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