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Notice of Default and election to sell 1796 Boxwood Ave 07152020
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Notice of Default and election to sell 1796 Boxwood Ave 07152020
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9/22/2020 12:49:38 PM
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9/22/2020 12:41:28 PM
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CM City Clerk-City Council
Document Date (6)
7/15/2020
Recorded Document Type
Notice of Default
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• <br />BENEFICIARY DECLARATION OF COMPLIANCE WITH (OR <br />EXCEPTION FROM) CAL. CIV. CODE §2923.55 AND <br />AUTHORIZATION OF AGENT (FOR NOTICE OF DEFAULT) <br />Borrower(s): DAVID WULFF, AUDREY WULFF <br />Trustee Sale Number: <br />Loan Number: 7602701200 <br />Property Address: 1796 BOXWOOD AVE SAN LEANDRO CA 94579 <br />Beneficiary or Beneficiary's Authorized Agent: NEXBANK SSB <br />The undersigned beneff clary or authorized agent for the beneficiary hereby represents and declares that: <br />1. [ ] The beneficiary or beneficiary's authorized agent has contacted the borrower pursuant to, and <br />has complied with, the Callfornia Cfvil Code, which requires contact to "assess the borrower's <br />ffnanclal situation and explore options for the borrower to avoid foreclosure". During this Initial <br />contact, the borrower was advised that he or she had a right to a meeting within 14 days and the <br />borrower was provided the toll·free telephone number to a HUD-certified housing counseling <br />agency. The date "initial contact" with the borrower(s) was accomplished was------.. <br />2. [ >< J The beneficiary or beneflciary 1s authorized agent has exercised due diltgence to contact the <br />borrower as required by the California Civil Code, and has posted a prominent link on the homepage <br />of its website with information required by the Civil Code. After sending a first class letter including <br />the toll-free telephone number made available by HUD to find a HUD-certified housing counseling <br />agency, attempting to call by telephone at least three times at different hours and on different days, <br />to the numbers on file and then waiting two weeks after the telephone call requirements were <br />satisfied, the beneficiary or the beneficiary's authorized agent sent to the borrower(s), by certified <br />mail, return receipt requested, the letter required by the California Civil Code, which was malled on: <br />2126/20 _. During thls due diligence, the borrower was provided a means <br />to contact the beneficiary or beneficiary's authorized agent in a timely manner, including a toll-free <br />telephone number that provided access to a live representative during business hours. <br />3. [ ] The beneficiary or beneficiary's authorized agent has exercised due diligence to contact the <br />borrower as required by the California Civll Code however, either the borrower's primary telephone <br />number and secondary telephone number or numbers on file, if any, have been disconnected; <br />and/or the borrower (or the bo1Tower's authorized agent) notified the mortgage servicer in <br />writing to cease further communication with the bo1Tower which has not been rescinded. <br />Pursuant to the California Civil Code , the beneficiary or beneficiary's authorized agent did not comply <br />with the above requirements because: <br />1. [ ] The indivldual{s) have surrendered the secured property as evidenced by either a letter <br />confirming the surrender or by delivery of the keys to the above·referenced Property to the <br />beneficiary, the beneficiary's authorized agent or to the trustee. The surrender letter was received <br />on OR the keys were delivered on ------- <br />CA Declaratlon <br />Effective 01/01/2019
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