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Sample Beneficiary Statement Request Under California Civil Code Section 2943

Sample Beneficiary Statement Request Under California Civil Code Section 2943

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Published by Stan Burman
This sample beneficiary statement request under California Civil Code Section 2943 in California is used by a party who has just received a notice of default on a loan securing real property in California. The request demands that the lender provide all of the information required by Civil Code Section 2943. That information includes a copy of the promissory note along with all endorsements, including allonges and other indicia of all transfers since the promissory note was signed. This request can be very useful for borrowers who may be in foreclosure.

The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.
This sample beneficiary statement request under California Civil Code Section 2943 in California is used by a party who has just received a notice of default on a loan securing real property in California. The request demands that the lender provide all of the information required by Civil Code Section 2943. That information includes a copy of the promissory note along with all endorsements, including allonges and other indicia of all transfers since the promissory note was signed. This request can be very useful for borrowers who may be in foreclosure.

The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Categories:Types, Research
Published by: Stan Burman on Feb 16, 2013
Copyright:Attribution Non-commercial

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11/10/2014

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YOU MAY SEND THE REQUEST ANY TIME BEFORE, OR WITHIN TWOMONTHS AFTER, THE RECORDING OF A NOTICE OF DEFAULT UNDER AMORTGAGE OR DEED OF TRUST.YOU MUST SEND THIS REQUESTBEFORE ANY NOTICE OF SALE HAS BEEN RECORDED.1SEND TO YOUR LENDER AT THE ADDRESS LISTED ON ANY BILLINGSTATEMENTS YOU HAVE RECEIVED, ALSO SEND A CARBON COPY TOTHE TRUSTEE AS WELL. SEND THIS REQUEST BY CERTIFIED MAIL,RETURN RECEIPT REQUESTED.
Date:_____________ Any PartyAny StreetAny Town, CA 999991RE: Foreclosure on real property located at __________________ Dear ____:1Your company holds a Deed of Trust recorded against my property securing a promissory note in the original amount of $_______. On ________, I received a Noticeof Default and Election to Sell from your trustee.Pursuant to California Civil Code Section 2943, please send me a beneficiary statement,including the following information, as soon as possible:1. Copy of my Promissory Note with any modifications thereto, including allendorsements, allonges or other indicia of all transfers since the note was signed2. Copy of the recorded Deed of Trust.3. Unpaid balance of my loan.4. Current fixed or variable interest rate of my loan.5. Total amount of all overdue installments of principal and interest for my loan.6. The end of the term of the loan.7. Date through which real estate taxes and assessments have been paid by you, if any.8. Amount of hazard insurance and the premium you paid, if any.9. Balance of any tax or insurance impound accounts in your possession.
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