What is the procedure for a beneficiary to obtain a notice of default and proceed with a nonjudicial foreclosure sale?

California, United States of America


The following excerpt is from Hicks v. E.T. Legg & Assoc., 108 Cal.Rptr.2d 10, 89 Cal.App.4th 496 (Cal. App. 2001):

"Upon default by the trustor, the beneficiary may declare a default and proceed with a nonjudicial foreclosure sale. [Citations.] The foreclosure process is commenced by the recording of a notice of default and election to sell by the trustee. [Citations.] After the notice of default is recorded, the trustee must wait three calendar months before proceeding with the sale. [Citations.] After the 3-month period has elapsed, a notice of sale must be published, posted and mailed 20 days before the sale and recorded 14 days before the sale. [Citations.]" (Moeller v. Lien, supra, 25 Cal.App.4th at p. 830.)

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