Sending a beneficiary statement request to a lender in California under Civil Code section 2943 is the topic of this article. Civil Code section 2943 states in pertinent part that the request may be sent any time before, or within two months after, the recording of a notice of default under a mortgage or deed of trust. The request MUST be sent before any notice of sale has been recorded. The request should be sent as soon as possible once a homeowner is in default so that the homeowner may review the documents carefully. Waiting too long to mail the request can be a costly mistake.
The request should be sent to the address listed on the latest billing statement. Sending the request by Certified Mail, Return Receipt requested with another copy to the Trustee is a good idea although not specifically required by law.
Any homeowner in California who is presently in default, or close to default on the loan securing their home should seriously consider requesting a beneficiary statement request to their lender to request that all of the information and documents described in Civil Code section 2943 be furnished to them. Lenders often keep sloppy records and the homeowner may find discrepancies or errors in the documents or information received from the lender. This can greatly assist in discovering possible defenses such as incorrectly credited payments, unauthorized charges, etc.
The law also requires that the lender must provide certain specified information within 21 calendar days in the beneficiary statement including the amount of the unpaid balance and interest rate. A true, correct, and complete copy of the note with any modifications must also be provided.
A copy of the deed of trust or mortgage may also be requested at the same time as the beneficiary statement which allows that document to be reviewed.
A lender may be liable to the person requesting the statement for all damages which they may sustain by reason of the refusal if they willfully fail to prepare and deliver the beneficiary statement; they are liable for the sum of $300.00 even if no actual damages are sustained.
To view all of the text in California Civil Code section 2943, or any other California code sections go to: http://leginfo.legislature.ca.gov/faces/codes.xhtml
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