ORDINANCE NO. CS-257
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT TO TITLE 6, CHAPTER 6.16 – NUISANCES FOR THE PURPOSE OF CLARIFYING THE DEFINITION OF “NUISANCE” AND AUTHORIZING THE ENFORCEMENT OFFICER TO DECLARE A NUISANCE AND PROCEED WITH THE ABATEMENT PROCESS.
CASE NAME: NUISANCE ORDINANCE REVISIONS
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Chapter 6.16 of the Carlsbad Municipal Code is amended to read as follows:
I. Generally
6.16.005 Declaration of purpose.
6.16.010 Nuisance defined.
6.16.020 Determination of nuisance on real property.
6.16.030 Right to appeal notice of violation.
6.16.040 Failure to abate nuisance.
6.16.050 Account of cost of abatement to be kept.
6.16.060 Copies of report of abatement cost to be served.
6.16.070 Determination of abatement cost.
6.16.080 Abatement cost to be lien against property.
6.16.090 Collection of cost of abatement.
SECTION II: That Section 6.16.005 of the Carlsbad Municipal Code is added to read as follows:
6.16.005 Declaration of purpose.
The Council finds that its purpose in adopting Chapter 6.16 of Title 6 is to establish procedures for the administrative and summary abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Municipal Code or applicable state code violations.
SECTION III: That Section 6.16.010 of the Carlsbad Municipal Code is amended to read as follows:
6.16.010 Nuisance defined.
The existence of real property, whether public or private, within the city:
A. In a condition which is adverse or detrimental to public peace, health, safety, the environment, or general welfare; or
B. Any condition caused, maintained, or permitted to exist in violation of any provision of the Municipal Code or applicable state codes which constitute a public nuisance may be abated by the City pursuant to the procedures set forth in this Chapter; or
C. Which is maintained so as to permit the same to become so defective, unsightly, dangerous, or in a condition of deterioration or disrepair so that the same will, or may cause harm to persons, or which will be materially detrimental to property or improvements located in the immediate vicinity of such real property, constitutes a public nuisance.
SECTION IV: That Section 6.16.020 of the Carlsbad Municipal Code is amended to read as follows:
6.16.020 Determination of nuisance on real property.
Whenever the Enforcement officer, as that term is defined in Section 1.10.010 (A), determines that there exists on any real property in the city a public nuisance as defined in Section 6.16.10, the Enforcement officer may serve upon the Responsible person, as that term is defined in Section 1.10.010 (A), a Notice of Violation per Section 1.10.030 setting forth the nature of the public nuisance. Said notice shall be served in accordance with Section 1.10.040.
SECTION V: That Section 6.16.030 of the Carlsbad Municipal Code is amended to read as follows:
6.16.030 Right to Appeal Notice of Violation.
The Responsible person may appeal the Notice of Violation of public nuisance within ten (10) calendar days from the date of service of the Notice of Violation by filing a written request to appeal to the City Clerk. Upon receiving a written request to appeal a Notice of Violation, the City Manager shall follow the same Administrative enforcement hearing procedures for administrative citation set forth in Section 1.10.130.
SECTION VI: That Section 6.16.040 of the Carlsbad Municipal Code is amended to read as follows:
6.16.040 Failure to abate nuisance.
The following provisions will apply for failure to abate a nuisance:
In the event such public nuisance is not abated on or before the date described in the Notice of Violation, the city manager may authorize and direct the abatement thereof by city agents, employees or by private contract, and in connection therewith such city agents or employees, or such private contractors and their employees, may enter upon the subject property to abate the nuisance.
Notwithstanding any other provision of this code, failure to abate such public nuisance on or before the date described in the Notice of Violation, when ordered to do so in accordance with the provisions of this chapter, or state law where such state law is applicable, is a misdemeanor.
SECTION VII:That Section 6.16.050 of the Carlsbad Municipal Code is amended to read as follows:
6.16.050 Account of cost of abatement to be kept.
The city manager or his/her designee shall cause to be kept an account of the cost of such abatement and related administrative costs, and upon completion thereof, the city manager or his/her designee shall write a report stating the cost thereof.
SECTION VIII: That Section 6.16.060 of the Carlsbad Municipal Code is amended to read as follows:
6.16.060 Copies of report of abatement cost to be served.
The city manager or his/her designee shall cause a copy or copies of such report mentioned in Section 6.16.050 to be served to the Responsible person per Section 1.10.040.
SECTION IX: That Section 6.16.070 of the Carlsbad Municipal Code is amended to read as follows:
6.16.070 Determination of abatement cost.
The Responsible person may dispute the abatement cost report within ten (10) calendar days from the date of service of the abatement cost report by filing a written dispute to the cost report. The Responsible person shall set forth the basis of the dispute and submit relevant documentation in support of their dispute. The city manager or his/her designee shall consider the comments and documentation submitted by the Responsible person, and shall:
Determine the correct abatement cost;
If necessary, modify such report to conform to such correct abatement cost;
Confirm the report as presented or modified;
State the date of the abatement order;
Determine and state the correct legal description of the subject property, the correct county assessor’s parcel number, the street address and the name and address of the recorded owner based on the last equalized assessment roll or the supplemental roll, whichever is more current.
The decision of the city manager or his/her designee shall be final.
SECTION X: That Section 6.16.080 of the Carlsbad Municipal Code is amended to read as follows:
6.16.080 Abatement cost to be lien against property.
The cost of abatement, as determined, shall be a:
Personal obligation of the person creating, causing, committing or maintaining the nuisance abated;
Personal obligation of the property owner of the subject property; and
Special assessment against the subject property or a lien against the subject property.
SECTION XI: That Section 6.16.090 of the Carlsbad Municipal Code is amended to read as follows:
6.16.090 Collection of cost of abatement.
The cost of abatement, as confirmed, may be collected by the city by any or all of the following or any other lawful means:
Recordation in the office of the county recorder of a certified copy of such resolution confirming such report so as to give notice of the lien;
Prior to recordation, a notice of lien shall be served on the owner of record in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of the Code of Civil Procedure. If the owner of record after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation in San Diego County;
The lien shall be recorded in the county recorder’s office and from the date of recording shall have the force, effect and priority of a judgment lien and may be foreclosed by an action brought by the city for a money judgment;
The city may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien;
In the event that the lien is discharged or released or satisfied, either through payment or foreclosure, notice of the discharge containing the amount of the lien, the date of the abatement order, the street address, legal description, assessor’s parcel number, and the name and address of the recorded owner shall be recorded in the county recorder’s office;
Civil action by the city;
Filing a certified copy of such resolution confirming such report with the auditor of the county who shall enter the assessment on the county tax roll opposite the subject property. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. The legislative body may determine that in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, such assessment of fifty dollars or more may be made in annual installments in any event not to exceed five, and collected one installment at a time and in the manner of ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at the rate of six percent per year;
In addition to any other costs of abatement under this chapter, upon the entry of a second or subsequent civil or criminal judgment within a two-year period in which the owner of real property is responsible for a condition that may be abated under this chapter, except for conditions under the State Housing Law (Health and Safety Code Section 17980), a court may order the property owner to pay triple the costs of the abatement.
SECTION XII:That Sections 6.16.100 and 6.16.110 of the Carlsbad Municipal Code are deleted.
SECTION XIII: That Section 6.16.150(F) of the Carlsbad Municipal Code is amended to read as follows:
6.16.150 Summary Abatement.
F. In addition to any other applicable procedures, the cost of abatement may be collected in accordance with Section 6.16.080 or become a lien against the property in accordance with Section 6.16.090.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 8th day of July 2014, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15th day of July 2014, by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
07/25/14 CN 16354
T.S. No.: 13-51473 TSG Order No.: 02-13053346 A.P.N.: 157-821-22-00 ATTENTION RECORDER: THE FOLLOWING REFERENCE TO AN ATTACHED SUMMARY IS APPLICABLE TO THE NOTICE PROVIDED TO THE TRUSTOR ONLY PURSUANT TO CA CIVIL CODE 2923.3 • NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED 注：本件注：本文件包含一个信息摘要
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NOTA: SE ADJUNTA UN RESUMEN DE LA INFORMACIÓN DE ESTE DOCUMENTO
TALA: MAYROONG BUOD NG IMPORMASYON SA DOKUMENTONG ITO NA NAKALAKIP
LƯU Ý: KÈM THEO ĐÂY LÀ BẢN TRÌNH BÀY TÓM LƯỢC VỀ THÔNG TIN TRONG TÀI LIỆU NÀY
NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 3/29/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 8/14/2014 at 10:00 AM, Old Republic Default Management Services, a Division of Old Republic National Title Insurance Company as duly appointed Trustee pursuant to the Deed of Trust, Recorded 4/1/2005 as Instrument No. 2005-0266426 in book –, page – And Modified by Loan Modification Agreement recorded on 08/20/2012 in Instrument # 2012-0495272 of Official Records in the office of the Recorder of San Diego County, California, executed by: JOSE A. MARTINEZ AND CARMEN MARTINEZ, HUSBAND AND WIFE, as Trustor, DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A., A FEDERALLY CHARTERED SAVINGS ASSOCIATION as Beneficiary. WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable in full at time of sale by cash, a cashier’s check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state). At the entrance to the East County Regional Center by statue, 250 E. Main Street, El Cajon, CA all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and state, and as more fully described in the above referenced Deed of Trust. The street address and other common designation, if any, of the real property described above is purported to be: 5163 VIA PORTOLA, OCEANSIDE, CA 92057 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made in an “AS IS” condition, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to-wit: $484,023.97 (Estimated). Accrued interest and additional advances, if any, will increase this figure prior to sale. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (714) 573-1965 or visit this Internet Web site www.priorityposting.com, using the file number assigned to this case 13-51473. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. The Declaration pursuant to California Civil Code, Section 2923.5(a) was fulfilled when the Notice of Default was recorded on 4/18/2014 Date: 7/21/2014 Old Republic Default Management Services, A Division of Old Republic National Title Insurance Company, as Trustee 500 City Parkway West, Suite 200, Orange, CA 92868-2913 (866) 263-5802 For Sale Information Contact: Priority Posting & Publishing (714) 573-1965 Dalaysia Ramirez, Trustee Sale Officer “We are attempting to collect a debt, and any information we obtain will be used for that purpose.” P1104706 7/25, 8/1, 08/08/2014 CN 16355
APN: 157-654-36-00 TS No: CA05000918-14-1-FT TO No: 12-0151075 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED February 21, 2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On August 19, 2014 at 10:00 AM, at the entrance to the East County Regional Center by statue, 250 E. Main Street, El Cajon, CA 92020, MTC Financial Inc. dba Trustee Corps, as the duly Appointed Trustee, under and pursuant to the power of sale contained in that certain Deed of Trust recorded on February 27, 2006, as Instrument No. 2006-0136391, of official records in the Office of the Recorder of San Diego County, California, executed by BENE JOYCE RAPHAEL, A SINGLE WOMAN, as Trustor(s), in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for COUNTRYWIDE BANK, N.A. as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER, in lawful money of the United States, all payable at the time of sale, that certain property situated in said County, California describing the land therein as: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST The property heretofore described is being sold “as is”. The street address and other common designation, if any, of the real property described above is purported to be: 5385 BLACKBERRY WAY, OCEANSIDE, CA 92057-4607 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made without covenant or warranty, express or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the Note(s) secured by said Deed of Trust, with interest thereon, as provided in said Note(s), advances if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligations secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of this Notice of Trustee’s Sale is estimated to be $424,525.49 (Estimated). However, prepayment premiums, accrued interest and advances will increase this figure prior to sale. Beneficiary’s bid at said sale may include all or part of said amount. In addition to cash, the Trustee will accept a cashier’s check drawn on a state or national bank, a check drawn by a state or federal credit union or a check drawn by a state or federal savings and loan association, savings association or savings bank specified in Section 5102 of the California Financial Code and authorized to do business in California, or other such funds as may be acceptable to the Trustee. In the event tender other than cash is accepted, the Trustee may withhold the issuance of the Trustee’s Deed Upon Sale until funds become available to the payee or endorsee as a matter of right. The property offered for sale excludes all funds held on account by the property receiver, if applicable. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. Notice to Potential Bidders If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a Trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a Trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same Lender may hold more than one mortgage or Deed of Trust on the property. Notice to Property Owner The sale date shown on this Notice of Sale may be postponed one or more times by the Mortgagee, Beneficiary, Trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about Trustee Sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call Priority Posting and Publishing at 714-573-1965 for information regarding the Trustee’s Sale or visit the Internet Web site address listed below for information regarding the sale of this property, using the file number assigned to this case, CA05000918-14-1-FT. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. Date: July 17, 2014 MTC Financial Inc. dba Trustee Corps TS No. CA05000918-14-1-FT 17100 Gillette Ave Irvine, CA 92614 949-252-8300 Amy Lemus, Authorized Signatory SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: Priority Posting and Publishing AT 714-573-1965 MTC Financial Inc. dba Trustee Corps MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. P1104358 7/25, 8/1, 08/08/2014 CN 16353
APN: 216-300-15-00 TS No: CA01000068-11 TO No: 53001524 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED June 13, 2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On August 15, 2014 at 10:00 AM, At the entrance to the East County Regional Center by statue, 250 E. Main Street, El Cajon, CA 92020, Special Default Services, Inc., as the duly Appointed Trustee, under and pursuant to the power of sale contained in that certain Deed of Trust Recorded on 10/02/2007 as Instrument No. 2007-0640849 of official records in the Office of the Recorder of San Diego County, California, executed by ORAZIO GINO DIFANTE, A SINGLE MAN, as Trustor(s), FRANK D’ERRICO, TRUSTEE OF THE FRANK D’ERRICO & ASSOCIATES DEFINED BENEFIT PLAN as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER, in lawful money of the United States, all payable at the time of sale, that certain property situated in said County, California describing the land therein as: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST AND ALL RELATED LOAN DOCUMENTS The property heretofore described is being sold “as is”. The street address and other common designation, if any, of the real property described above is purported to be: 7565 ROMERIA ST, CARLSBAD, CA 92009 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made without covenant or warranty, express or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the Note(s) secured by said Deed of Trust, with interest thereon, as provided in said Note(s), advances if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligations secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of this Notice of Trustee`s Sale is estimated to be $685,505.00 (Estimated). However, prepayment premiums, accrued interest and advances will increase this figure prior to sale. Beneficiary`s bid at said sale may include all or part of said amount. In addition to cash, the Trustee will accept a cashier`s check drawn on a state or national bank, a check drawn by a state or federal credit union or a check drawn by a state or federal savings and loan association, savings association or savings bank specified in Section 5102 of the California Financial Code and authorized to do business in California, or other such funds as may be acceptable to the Trustee. In the event tender other than cash is accepted, the Trustee may withhold the issuance of the Trustee`s Deed Upon Sale until funds become available to the payee or endorsee as a matter of right. The property offered for sale excludes all funds held on account by the property receiver, if applicable. If the Trustee is unable to convey title for any reason, the successful bidder`s sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. Notice to Potential Bidders If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a Trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a Trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same Lender may hold more than one mortgage or Deed of Trust on the property. Notice to Property Owner The sale date shown on this Notice of Sale may be postponed one or more times by the Mortgagee, Beneficiary, Trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about Trustee Sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call Priority Posting and Publishing at 714-573-1965 for information regarding the Trustee’s Sale or visit the Internet Web site address on the previous page for information regarding the sale of this property, using the file number assigned to this case, CA01000068-11. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. Date: July 17, 2014 Special Default Services, Inc., as Duly Appointed Successor Trustee TS No. CA01000068-11 17272 Red Hill Avenue Irvine, CA 92614 (844) 706-4182 Lisa Rohrbacker, Trustee Sales Officer SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: Priority Posting and Publishing at 714-573-1965 SPECIAL DEFAULT SERVICES, INC. MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. P1104334 7/25, 8/1, 08/08/2014 CN 16352
APN: 208-180-08-00 TS No: CA08002438-13-1 TO No: 1571979 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED June 1, 2004. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On August 19, 2014 at 10:00 AM, at the entrance to the East County Regional Center by statue, 250 E. Main Street, El Cajon, CA 92020, MTC Financial Inc. dba Trustee Corps, as the duly Appointed Trustee, under and pursuant to the power of sale contained in that certain Deed of Trust Recorded on June 9, 2004 as Instrument No. 2004-0540669 on Page 21098, of official records in the Office of the Recorder of San Diego County, California, executed by LOUIS GARZA AND DOANCHINH T GARZA, HUSBAND AND WIFE AS JOINT TENANTS, as Trustor(s), in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SHEA MORTGAGE, INC. as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER, in lawful money of the United States, all payable at the time of sale, that certain property situated in said County, California describing the land therein as: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST The property heretofore described is being sold “as is”. The street address and other common designation, if any, of the real property described above is purported to be: 5262 COLERIDGE COURT, CARLSBAD, CA 92008 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made without covenant or warranty, express or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the Note(s) secured by said Deed of Trust, with interest thereon, as provided in said Note(s), advances if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligations secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of this Notice of Trustee’s Sale is estimated to be $229,387.96 (Estimated). However, prepayment premiums, accrued interest and advances will increase this figure prior to sale. Beneficiary’s bid at said sale may include all or part of said amount. In addition to cash, the Trustee will accept a cashier’s check drawn on a state or national bank, a check drawn by a state or federal credit union or a check drawn by a state or federal savings and loan association, savings association or savings bank specified in Section 5102 of the California Financial Code and authorized to do business in California, or other such funds as may be acceptable to the Trustee. In the event tender other than cash is accepted, the Trustee may withhold the issuance of the Trustee’s Deed Upon Sale until funds become available to the payee or endorsee as a matter of right. The property offered for sale excludes all funds held on account by the property receiver, if applicable. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. Notice to Potential Bidders If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a Trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a Trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same Lender may hold more than one mortgage or Deed of Trust on the property. Notice to Property Owner The sale date shown on this Notice of Sale may be postponed one or more times by the Mortgagee, Beneficiary, Trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about Trustee Sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call Priority Posting and Publishing at 714-573-1965 for information regarding the Trustee’s Sale or visit the Internet Web site address listed below for information regarding the sale of this property, using the file number assigned to this case, CA08002438-13-1. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. Date: July 14, 2014 MTC Financial Inc. dba Trustee Corps TS No. CA08002438-13-1 17100 Gillette Ave Irvine, CA 92614 949-252-8300 Amy Lemus, Authorized Signatory SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: Priority Posting and Publishing at 714-573-1965 MTC Financial Inc. dba Trustee Corps MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. P1103596 7/25, 8/1, 08/08/2014 CN 16351
T.S. No.: 2013-04649-CA Loan No.: 7130861250 A.P.N.:150-378-02-00 NOTICE OF TRUSTEE’S SALE PURSUANT TO CIVIL CODE § 2923.3(a), THE SUMMARY OF INFORMATION REFERRED TO BELOW IS NOT ATTACHED TO THE RECORDED COPY OF THIS DOCUMENT BUT ONLY TO THE COPIES PROVIDED TO THE TRUSTOR. NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED
注：本文件包含一个信息摘要
참고사항: 본 첨부 문서에 정보 요약서가 있습니다
NOTA: SE ADJUNTA UN RESUMEN DE LA INFORMACIÓN DE ESTE DOCUMENTO
TALA: MAYROONG BUOD NG IMPORMASYON SA DOKUMENTONG ITO NA NAKALAKIP
LƯU Ý: KÈM THEO ĐÂY LÀ BẢN TRÌNH BÀY TÓM LƯỢC VỀ THÔNG TIN TRONG TÀI LIỆU NÀY
IMPORTANT NOTICE TO PROPERTY OWNER:
YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 07/13/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER.
Trustor: ALAN E SHELTON, AND JUSTINE M SHELTON, HUSBAND AND WIFE AS JOINT TENANTS
Duly Appointed Trustee: Western Progressive, LLC
Recorded 07/27/2007 as Instrument No. 2007-0503908 in book —, page— and of Official Records in the office of the Recorder of San Diego County, California, Date of Sale: 08/18/2014 at 10:30 AM Place of Sale: AT THE ENTRANCE TO THE EAST COUNTY REGIONAL CENTER BY THE STATUE, 250 E. MAIN STREET, EL CAJON, CA Estimated amount of unpaid balance and other charges: $1,082,442.88 WILL SELL AT PUBIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER’S CHECK DRAWN ON A STATE OR NATIONAL BANK, A CHECK DRAWN BY A STATE OR FEDERAL CREDIT UNION, OR A CHECK DRAWN BY A STATE OR FEDERAL SAVINGS AND LOAN ASSOCIATION, A SAVINGS ASSOCIATION OR SAVINGS BANK SPECIFIED IN SECTION 5102 OF THE FINANCIAL CODE AND AUTHORIZED TO DO BUSINESS IN THIS STATE:
All right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to a Deed of Trust described as Note: Because the Beneficiary reserves the right to bid less than the total debt owed, it is possible that at the time of the sale the opening bid may be less than the total debt More fully described in said Deed of Trust Street Address or other common designation of real property: 619 S Cleveland St, Oceanside, CA 92054-4125 A.P.N.: 150-378-02-00 The undersigned Trustee disclaims any liability for any incorrectness of the street address or other common designation, if any, shown above. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is: $1,082,442.88. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. The beneficiary of the Deed of Trust has executed and delivered to the undersigned a written request to commence foreclosure, and the undersigned caused a Notice of Default and Election to Sell to be recorded in the county where the real property is located. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on this property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (866)-960-8299 or visit this Internet Web site http://altisource.com/resware/TrusteeServicesSearch.aspx using the file number assigned to this case 2013-04649-CA. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale
Date: July 17, 2014Western Progressive, LLC , LLC , as Trustee C/o 30 Corporate Park, Suite 450 Irvine, CA 92606 Automated Sale Information Line: (866) 960-8299 http://altisource.com/resware/TrusteeServicesSearch.aspx
For Non-Automated Sale Information, call: (866) 240-3530 THIS FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
07/25/14, 08/01/14, 08/08/14
CN 16350
Trustee Sale No. 13-520181 BFB Title Order No. 1521022 APN 168-200-73-00 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 05/18/05. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 08/07/14 at 10:00 am, Aztec Foreclosure Corporation as the duly appointed Trustee under and pursuant to the power of sale contained in that certain Deed of Trust executed by Marcial Mayen and Elva Cristina Mayen, Husband and Wife, as Trustor(s), in favor of Mortgage Electronic Registration Systems, Inc., solely as Nominee for MIT Lending, a New York Corporation, as Beneficiary, Recorded on 06/03/05 in Instrument No. 2005-0469254 of official records in the Office of the county recorder of SAN DIEGO County, California; Deutsche Bank National Trust Company, as Trustee of the Indymac INDX Mortgage Loan Trust 2005-AR31, Mortgage Pass-Through Certificates, Series 2005-AR31 under the Pooling and Servicing Agreement dated November 1, 2005, as the current Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable at time of sale in lawful money of the United States, by cash, a cashier’s check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state), at the entrance to the East County Regional Center by statute, 250 E. Main Street, El Cajon, CA, all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County, California described as: 4213 BONITA DRIVE, OCEANSIDE, CA 92056 The property heretofore described is being sold “as is”. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to-wit: $279,605.55 (Estimated good through 7/20/14) Accrued interest and additional advances, if any, will increase this figure prior to sale. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located and more than three months have elapsed since such recordation. DATE: July 10, 2014 Robbie Weaver Assistant Secretary & Assistant Vice President Aztec Foreclosure Corporation 20 Pacifica, Suite 1460 Irvine, CA 92618 Phone: (877) 257-0717 or (602) 638-5700 Fax: (602) 638-5748 www.aztectrustee.com NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call or visit the Internet Web site, using the file number assigned to this case 13-520181. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. Call 714-573-1965 http://www.Priorityposting.com Or Aztec Foreclosure Corporation (877) 257-0717 www.aztectrustee.com P1103382 7/18, 7/25, 08/01/2014 CN 16339
APN: 157-401-06-00 TS No: CA05004121-13-1 TO No: 8385262 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED April 17, 2002. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On August 12, 2014 at 10:00 AM, at the entrance to the East County Regional Center by statue, 250 E. Main Street, El Cajon, CA 92020, MTC Financial Inc. dba Trustee Corps, as the duly Appointed Trustee, under and pursuant to the power of sale contained in that certain Deed of Trust Recorded on April 22, 2002 as Instrument No. 2002-0337813 of official records in the Office of the Recorder of San Diego County, California, executed by MYRA SCANLAN, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, as Trustor(s), in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AMERICA`S WHOLESALE LENDER as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER, in lawful money of the United States, all payable at the time of sale, that certain property situated in said County, California describing the land therein as: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST The property heretofore described is being sold “as is”. The street address and other common designation, if any, of the real property described above is purported to be: 4598 MARDI GRAS STREET, OCEANSIDE, CA 92057 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made without covenant or warranty, express or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the Note(s) secured by said Deed of Trust, with interest thereon, as provided in said Note(s), advances if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligations secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of this Notice of Trustee’s Sale is estimated to be $183,919.30 (Estimated). However, prepayment premiums, accrued interest and advances will increase this figure prior to sale. Beneficiary’s bid at said sale may include all or part of said amount. In addition to cash, the Trustee will accept a cashier’s check drawn on a state or national bank, a check drawn by a state or federal credit union or a check drawn by a state or federal savings and loan association, savings association or savings bank specified in Section 5102 of the California Financial Code and authorized to do business in California, or other such funds as may be acceptable to the Trustee. In the event tender other than cash is accepted, the Trustee may withhold the issuance of the Trustee’s Deed Upon Sale until funds become available to the payee or endorsee as a matter of right. The property offered for sale excludes all funds held on account by the property receiver, if applicable. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. Notice to Potential Bidders If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a Trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a Trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same Lender may hold more than one mortgage or Deed of Trust on the property. Notice to Property Owner The sale date shown on this Notice of Sale may be postponed one or more times by the Mortgagee, Beneficiary, Trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about Trustee Sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call Priority Posting and Publishing at 714-573-1965 for information regarding the Trustee’s Sale or visit the Internet Web site address listed below for information regarding the sale of this property, using the file number assigned to this case, CA05004121-13-1. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. Date: July 11, 2014 MTC Financial Inc. dba Trustee Corps TS No. CA05004121-13-1 17100 Gillette Ave Irvine, CA 92614 949-252-8300 Joseph Barragan, Authorized Signatory SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: Priority Posting and Publishing at 714-573-1965 MTC Financial Inc. dba Trustee Corps MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. P1103426 7/18, 7/25, 08/01/2014 CN 16337
NOTICE OF TRUSTEE’S SALE TS No. CA-14-610674-AL Order No.: 14-0001734-01 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 6/10/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier’s check drawn on a state or national bank, check drawn by state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 to the Financial Code and authorized to do business in this state, will be held by duly appointed trustee. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): AMALIA GOMEZ, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY Recorded: 7/1/2005 as Instrument No. 2005-0560054 of Official Records in the office of the Recorder of SAN DIEGO County, California; Date of Sale: 8/8/2014 at 9:00 AM Place of Sale: At the Entrance of the East County Regional Center, 250 E. Main Street, El Cajon, CA 92020 Amount of unpaid balance and other charges: $808,425.93 The purported property address is: 832 HILLCREST TERRACE, FALLBROOK, CA 92028 Assessor’s Parcel No.: 1058601600 NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call 800-280-2832 for information regarding the trustee’s sale or visit this Internet Web site http://www.qualityloan.com , using the file number assigned to this foreclosure by the Trustee: CA-14-610674-AL . Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein. If no street address or other common designation is shown, directions to the location of the property may be obtained by sending a written request to the beneficiary within 10 days of the date of first publication of this Notice of Sale. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right’s against the real property only. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Date: Quality Loan Service Corporation 2141 5th Avenue San Diego, CA 92101 619-645-7711 For NON SALE information only Sale Line: 800-280-2832 Or Login to: http://www.qualityloan.com Reinstatement Line: (866) 645-7711 Ext 5318 Quality Loan Service Corp. TS No.: CA-14-610674-AL IDSPub #0068455 7/18/2014 7/25/2014 8/1/2014 CN 16334
Re: Creditor Association: REGAL VIEW OWNERS’ ASSOCIATION Property Owner(s): STEPHEN C. RHODES Property Address: 810 REGAL ROAD, UNIT #I-4, ENCINITAS, CA 92024 Mailing Address 2239 33RD STREET, SAN DIEGO, CA 92104 (if different): MASSIE BERMAN, APC IS ACTING IN THE FUNCTION OF A DEBT COLLECTOR, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
NOTICE OF TRUSTEES SALE OF REAL PROPERTY YOU ARE IN DEFAULT UNDER A NOTICE OF ASSESSMENT LIEN (CIVIL CODE SECTION 5675) DATED APRIL 23, 2013. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONSULT A LAWYER.
NOTICE IS HEREBY GIVEN that at 9:00 a.m. on August 13, 2014, on the public sidewalk in front of the offices of MASSIE BERMAN, 3588 4th Avenue, San Diego, California 92103, MASSIE BERMAN as Trustee, or Successor Trustee or Substituted Trustee of that certain Notice of Delinquent Assessment/Lien (Civil Code Section 5675) which was caused to be recorded by REGAL VIEW OWNERS’ ASSOCIATION, (“Creditor Association”) pursuant to the authority of Civil Code Section 5675 in order to secure obligations in favor of the Creditor Association, which was recorded on April 23, 2013, as Instrument No. 2013-0254137 of Official Records in the Office of the Recorder of San Diego County, California, and pursuant to that certain Notice of Default and Election to Sell recorded on November 14, 2013, as Instrument No. 2013-0673706 of Official Records of said County, will sell at public auction, under the power of sale conferred by Civil Code Section 5675, to the highest bidder for cash in lawful money of the United States of America, on the public sidewalk in front of the offices of Massie Berman, APC, 3588 4th Avenue, Suite 200, San Diego, CA, 92103, County of San Diego, State of California, all that right, title and interest in the property situated in said County and State which is legally described in the legal description attached hereto as Exhibit “A.” Street address or other common designation of Property to be sold: 810 REGAL ROAD, UNIT #I-4, ENCINITAS, CA 92024 Name and address of Creditor Association at whose request the sale is being conducted: REGAL VIEW OWNERS’ ASSOCIATION c/o Massie Berman, APC 3588 Fourth Avenue, Suite 200 San Diego, California 92103 (619) 260-9010 During regular business hours current sale information may be obtained by calling (619) 260-9010. The status of a sale can be obtained during non-business hours at either: www.massieberman.com or by calling (619) 260-9010 x.4.
Directions to and a detailed description of the above-entitled real property may be obtained by requesting the same in writing to the above-named beneficiary (“Creditor Association”) within ten (10) days from the first publication of this notice.
Said sale will be made without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the unpaid balance currently due and owing under the aforesaid Notice of Delinquent Assessment and/or late fees, costs of collection (including attorneys’ fee), and interest, which said Owner is obligated to pay Creditor Association under Civil Code Section 1366, and fees, charges, and expenses of the Trustee.
NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property.
NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call the telephone number for information regarding the trustee’s sale, using the file number assigned to this case. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale.
The total amount of the unpaid balance of the obligation secured by the Property to be sold and reasonable estimated costs, expenses and advances at the time of initial publication of the Notice of Sale is $7,704.81 for the delinquent assessments, late fees and legal fees.
A NON JUDICIAL FORECLOSURE BY AN ASSOCIATION TO COLLECT UPON A DEBT FOR DELINQUENT ASSESSMENT SHALL BE SUBJECT TO A RIGHT OF REDEMPTION. THE REDEMPTION PERIOD WITHIN WHICH THE SEPARATE INTEREST MAY BE REDEEMED FROM A FORECLOSURE SALE UNDER THIS PARAGRAPH ENDS 90 DAYS AFTER THE SALE. IN ADDITION TO THE REQUIREMENTS OF SECTION 2924(f), A NOTICE OF SALE IN CONNECTION WITH AN ASSOCIATION’S FORECLOSURE OF A SEPARATE INTEREST IN A COMMON INTEREST DEVELOPMENT SHALL INCLUDE A STATEMENT THAT THE PROPERTY IS BEING SOLD SUBJECT TO THE RIGHT OF REDEMPTION CREATED IN THIS PARAGRAPH. 07/11/14, 07/18/14, 07/25/14 CN 16325
APN: 160-131-09-00 TS No: CA09000050-14-1 TO No: 95304321 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED October 9, 2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On August 8, 2014 at 09:00 AM, Entrance of