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Sample California beneficiary statement request under Civil Code section 2943

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This sample beneficiary statement request for California is used by a party who has just received a notice of default. The request is made pursuant to Civil Code Section 2943 and demands that the lender provide all of the information required by Civil Code Section 2943. 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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Sample California beneficiary statement request under Civil Code section 2943

  1. 1. 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 apromissory 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, ifany.8. Amount of hazard insurance and the premium you paid, if any.9. Balance of any tax or insurance impound accounts in your possession.1
  2. 2. 10. Amount of any additional costs and expenses you have paid, including Trustee’sexpenses.11. Whether or not I can transfer the loan to a new borrower, in other words whetheror not the loan is assumable or not.Please send me this information as soon as possible. Note that California Civil CodeSection 2943 requires you to respond within 21 days of receipt of this demand. Thankyou for your prompt attention to this matter.If you have any questions, please call me at _________.Very truly yours,______________________To subscribe to my FREE California weekly legalnewsletter visit http://www.legaldocspro.net/newsletter.htmand enter your e-mail address. Be sure to remove this noticebefore using this document.To view many more sample legal documents created byme, visit this website: http://www.scribdcom/legaldocspro2