C&H Trust Deed Service

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:

Association CC&R's with recording date and Instr. No.
Association's written policy for payment and collection of assessments
Minutes of meeting authorizing foreclosure
Recent payment history
Recent correspondence with your borrower

Foreclosure Instruction

Your file number:
Property Owner's Name:
Subject property address:
City, State & Zip:
Very Important: Provide any known mailing addresses for current owner (other than the above):
Other Known address (1):
Other Known address (2):
Other Known address (3):
Delinquent Regular Assessments:
Monthly Dues:	$
Due Date of Missed Pymt:
Number of Payments now past due:
Amount of Late Charge:	$
Number of Late Charges now due:
Delinquent Special Assessments:
Purpose of special assessment:
Date approved by Board (provide minutes):
Amount:	$
Other necessary information:
Your contact information:
Name of HOA:
Name of Management co. or contact:
Address:

Telephone No.:
Fax No.:
E-mail address:

DECLARATION OF DEFAULT AND DEMAND FOR SALE

The undersigned, as authorized agent and signatory for the HOA, 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:

That a default has occurred in payment of assessments due the HOA and that the reason for the default, the specific amounts and terms causing said default, and all other information about the obligation have been accurately related to C&H on this form and that, as a result of such default, the undersigned, who is authorized to sign on behalf of the HOA, makes this Declaration of Default and elects to cause the trust property to be sold to satisfy those assessments currently outstanding and delinquent.
The HOA has no knowledge of any bankruptcy proceeding affecting the owner of the subject property and will immediately inform C&H in writing of any knowledge or notice of any such proceeding subsequently received.
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.
That prior to referring this file to C&H, the HOA has held a meeting at which a majority of the voting members approving commencement of foreclosure for purposes of collecting the delinquent assessments;
The HOA has provided to C&H all known mailing addresses for the current property owners on the front of this form.

The HOA 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 prepare, sign and record a Notice of Intent to Lien and Notice of Delinquent Assessment in the name of the HOA;
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 the property above, the undersigned agent for the HOA agrees to the following:

Not accept any payments from the property owner 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 owner. 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.
Notify all collection agencies and loan servicers working on my behalf to refuse further payments on this account.
I understand that, although C&H does not require an advance fee from the HOA, the HOA is at all times responsible for all charges and fees incurred in this foreclosure proceeding.
Should the property owner either file bankruptcy or initiate a lawsuit contesting the validity of the foreclosure, the HOA agrees to tender all foreclosure fees and costs then due C&H within 15 days of demand for same. I understand that failure 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.
Should the property owner initiate a lawsuit which includes C&H in its capacity as Trustee under the governing documents, I further agree to defend C&H at my expense.
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.
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.
I declare that each of the statements on the attached Declaration of Default are true and correct.
If a lien senior to my lien position goes to foreclosure sale and the HOA's lien interest is lost, I agree to pay all fees and charges against this foreclosure at that time.
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.
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.
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 an authorized representative and agent of the HOA and have legal authority to commit the HOA to payment of the total charges, costs and expenses to perform the foreclosure, and do agree to the payment of same on demand.

                                                                          Agreed:

Date: _____________________                    ____________________________________
                                                                        Signature of Authorized Agent for HOA

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