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S.B.S. TRUST DEED NETWORK
S I M P L Y B E T T E R S E R V I C E
31194 La Baya Drive, Suite 106, Westlake Village, CA 91362
818-991-4600 FAX 818-874-9500
e-mail:info@sbstrustdeed.com website:www.sbstrustdeed.com
CALIFORNIA
Loan #_______________________
Declaration of Default Request to Loan Type:
Commence Foreclosure Proceedings _____VA _____FHA _____CONV
_____Other ___________________
The undersigned, as beneficiary or as an authorized agent or employee of the mortgage servicer,
instructs the trustee to: ___ record a Notice of default; _____ record a substitution of trustee;
and/or, ____ record assignment(s) of the deed of trust (copy attached) which is being referred for
foreclosure and declares that pursuant to Civil Code §2924(a)(6), the mortgage servicer has
authority either as the beneficiary or on behalf of the holder of the beneficial interest(s) to initiate
foreclosure and to take actions reasonably necessary to conclude the foreclosure including, but not
limited to, retaining a trustee, authorizing the trustee to employ other agents to assist in processing
the foreclosure and to distribute any surplus funds that may result from a trustee’s sale as provided
by the deed of trust and by law.
TYPE OF LOAN: HOMEOWNER’S BILL OF RIGHTS STATUS
-Deed of Trust Position: ( ) 1
st
( ) 2
nd
( ) 3
rd
( ) 4
th
-Single Family ___ Yes ___ No
-Owner Occupied ___ Yes ___ No
The referring mortgage servicer has determined through competent and reliable evidence, including
a review of its business files, that it is [check only one box]:
______ (a) A depository institution chartered under state or federal law; or (b) a licensed California Finance Lender or Residential
Mortgage Lender (Fin. Code §§2200 et seq. and §§5000 et seq.); or (c) a person licensed as a real estate broker (Bus. & Profs
Code §§10000 et seq.) that during its immediately preceding annual reporting period, as established with its primary regulator,
foreclosed on 175 or fewer California residential real properties containing no more than four dwelling units.
______ (a) A depository institution chartered under state or federal law; or (b) a licensed California Finance Lender or Residential
Mortgage Lender (Fin. Code §§2200 et seq. and §§5000 et seq.); or (c) a person licensed as a real estate broker (Bus. & Profs
Code §§10000 et seq.) that during its immediately preceding annual reporting period, as established with its primary regulator,
foreclosed on more than 175 California residential real properties containing no more than four dwelling units.
______ NOT (a) A depository institution chartered under state or federal law; or (b) a licensed California Finance Lender or
Residential Mortgage Lender (Fin. Code §§2200 et seq. and §§5000 et seq.); or (c) a person licensed as a real estate broker (Bus.
& Profs Code §§10000 et seq.)
DOCUMENTS ENCLOSED (_____ORIGINALS _____COPIES)
__________ Note _________ Modifications/Extensions
__________ Deed of Trust _________ Substitution of Trustee
__________ Assignments _________ Other ________________________________________________________
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NATURE OF DEFAULT
__________ Failure to make payment which became due __________________, and all subsequent payments.
__________ Failure to pay the principal balance with interest thereon which became due on ______________________________.
__________ Other (specify) _________________________________________________________________________________
DEFAULT INFORMATION
(
If Yes, please provide accrued interest
Principal Balance $_____________ Variable? Yes ____ No ____
&/or payment schedule.)
Date Interest Paid To _____________ Interest Rate __________________%
Monthly P & I Payment $_____________ Impound Payment $_____________________________________
Monthly Late Charge $_____________ Prior Late Charges $_____________________________________
ADVANCES (INCLUDE COPIES OF RECEIPTS FOR ALL ADVANCES)
Prior Lien Date __________________ Amount $ ________________________
Property Taxes Date __________________ Amount $ ________________________
Insurance Date __________________ Amount $ ________________________
Other______________________________ Date __________________ Amount $ ________________________
TOTAL AMOUNT DUE $___________________ as of ___________________ (date)
NAMES AND ALL KNOWN ADDRESSES FOR TRUSTORS/CURRENT PROPERTY OWNERS
______________________________________________________________________________
________________________________________________________________________________________________________
IS THE BORROWER _______ ALIVE _______ DECEASED
Social Security #’s: 1. _____________________________ 2. __________________________________
Property Address:
________________________________________________________________________________________________________
Beneficiary ______________________________________________________________________________________________
Address ______________________________________________________________________________________________
Phone (______)_______________________________ Fax (_____)____________________________________
Contact ______________________________________ Dept. __________________________________________
Email ______________________________________
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The undersigned certifies, after his or her personal review of the mortgage servicer’s file, that each statement in this
declaration is accurate, complete and supported by competent and reliable evidence which the undersigned, an employee
or authorized agent for the mortgage servicer has reviewed to substantiate the borrower’s default and the right to
foreclose, including the borrower’s loan status foreclosure prevention alternatives and loan information. In addition, the
undersigned certifies based upon his or her personal review of the mortgage servicer’s records that if the borrower
submitted prior to the date of execution of this document a complete application for a first lien loan modification that the
borrower has been provided with a written denial regarding the borrower’s eligibility and there is no foreclosure
prevention alternative pending such as a trial loan modification, forbearance or repayment plan. The mortgage servicer
understands that S.B.S. Trust Deed Network is relying upon the accuracy of the above information so that it can legally
initiate the referred foreclosure under California law. Any inaccuracies in the foregoing information provided by the
mortgage servicer may result in serious legal consequences, for which the mortgage servicer shall be solely responsible
for any damages, losses or attorney’s fees incurred by S.B.S. Trust Deed Network resulting or arising from any
inaccuracy.
The undersigned hereby promises and agrees to pay, on demand, the trustee’s fee in the amount permitted by law,
together with all costs and expenses incidental to these proceedings. It is agreed and understood that S.B.S. Trust Deed
Network, may not proceed with the sale and/or deliver the trustee’s deed until all fees and costs have been paid. I/we also
agree to indemnify and hold S.B.S. Trust Deed Network, its agents, officers or employees, harmless from and against all
costs, damages, attorney’s fees, expenses, obligations and liabilities of any kind which you may incur or sustain by any
reason of this default and foreclosure proceeding and/or the sale of the trust property by reason of any act of omission or
commission on the part of others and the undersigned, for whom you are acting as an agent.
Date: _________________________________ By: ________________________________________________________
Title: ________________________________________________________
$