SUMMARY
Volume 2 of this 2015 award-winning series includes chapters on financing transactions. PDF Download with 4 MS Word forms - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 23
NONJUDICIAL FORECLOSURE OF TRUST DEEDS
Valerie Athena Tomasi
Marisol Ricoy McAllister
Eleanor A. DuBay
§ 23.1 INTRODUCTION
§ 23.1-1 Explanation of Terms
§ 23.1-2 Residential Trust Deed
§ 23.1-3 Application of Mortgage Law
§ 23.1-4 Statutory Nature of Trust-Deed Procedure
§ 23.1-5 Distinctions between Mortgage and Trust Deed
§ 23.2 PARTIES TO THE TRUST DEED
§ 23.2-1 Grantor
§ 23.2-2 Beneficiary
§ 23.2-3 Trustee
§ 23.3 TRUST-DEED PROCEDURES
§ 23.3-1 Execution and Recording of Trust Deed
§ 23.3-2 Master Form Trust Deed
§ 23.3-3 Assignment by Beneficiary
§ 23.3-4 Transfer of Title by Grantor
§ 23.3-5 Reconveyance
§ 23.3-6 Partial Reconveyance
§ 23.3-7 Release of Trust Deed
§ 23.3-8 Appointment of Successor Trustee
§ 23.3-9 Requesting Copies of Notice of Default or Notice of Sale
§ 23.3-10 Correction of Error Concerning Status or Effect of Trust Deed
§ 23.4 FORECLOSURE METHOD: NONJUDICIAL FORECLOSURE VERSUS JUDICIAL FORECLOSURE
§ 23.4-1 Questions of Priority
§ 23.4-2 United States Government Liens
§ 23.4-3 Type of Security
§ 23.4-4 Redemption versus Reinstatement
§ 23.4-5 Deceased Grantor
§ 23.5 NONJUDICIAL-FORECLOSURE PROCEDURE
§ 23.5-1 Prerequisites to Foreclosure
§ 23.5-2 Instituting Foreclosure
§ 23.5-3 Notice of Default
§ 23.5-4 Recheck after Recording Notice of Default
§ 23.5-5 Danger Notice
§ 23.5-6 Notice of Sale
§ 23.5-7 Check for Federal Tax Liens 30 Days before Sale; Notice of Sale to Federal Government
§ 23.5-8 Additional Service on Death or Incapacity of Person Entitled to Notice
§ 23.5-9 Recording Affidavits and Proof of Personal Service
§ 23.5-10 Curing Default
§ 23.5-11 Postponement of Foreclosure Sale
§ 23.5-12 Conduct of Foreclosure Sale
§ 23.5-13 Disposition of Proceeds of Sale
§ 23.5-14 Execution and Delivery of Trustee’s Deed
§ 23.5-15 Form and Effect of Trustee’s Deed
§ 23.5-16 Rescission of Trustee’s Sale
§ 23.5-17 Notice of Change in Ownership; Liability to Tenants after Sale
§ 23.5-18 Obtaining Possession after Sale
§ 23.5-19 Neglect of Foreclosed Residential Real Property That Is or Becomes Vacant
§ 23.6 RECEIVERS
§ 23.6-1 When a Receiver Is Allowed during Foreclosure by Advertisement and Sale
§ 23.6-2 Grounds for Appointing a Receiver
§ 23.7 OMITTED PARTIES OR DEFECTIVE SERVICE IN A FORECLOSURE BY ADVERTISEMENT AND SALE
§ 23.7-1 Analogy to Mortgage Foreclosures
§ 23.7-2 Action to Require Equitable Redemption
§ 23.7-3 Action by Omitted Party against Trustee
§ 23.7-4 Statute of Limitations
§ 23.8 ACTION ON THE NOTE
§ 23.9 LEGAL SUFFICIENCY OF FORECLOSURE OF TRUST DEED BY ADVERTISEMENT AND SALE
§ 23.9-1 Against Grantor or Grantor’s Successor
§ 23.9-2 Against Subordinate Lien and Judgment Creditors
§ 23.9-3 Against Federal Tax Liens
§ 23.10 DEED IN LIEU OF FORECLOSURE AND SHORT SALES
§ 23.10-1 Deed in Lieu of Foreclosure
§ 23.10-2 Short Sales
Form 23-1 Beneficiary’s Request and Authorization to Trustee to Foreclose Trust Deed
Form 23-2 Memorandum of Amount Due on Sale
Form 23-3 Trustee’s Sale Outline
Form 23-4 Nonmerger Deed in Lieu of Foreclosure—Oregon