TRUST DEED FORECLOSURE - Professional Liability Fund

TRUST DEED FORECLOSURE - Professional Liability Fund TRUST DEED FORECLOSURE - Professional Liability Fund

11.07.2015 Views

SAMPLE 6 – NOTICE REQUIRED BY THEFAIR DEBT COLLECTION PRACTICES ACT, 15 USC SECTION 1692 (step 5)1. The amount of the debt is stated in the Trustee's Notice of Sale attached hereto.2. The beneficiary named in the attached Trustee's Notice of Sale is the creditor towhom the debt is owed.3. The debt described in the Trustee's Notice of Sale attached hereto will beassumed to be valid by the trustee unless the debtor, within thirty (30) days afterthe receipt of this notice, disputes the validity of the debt or some portion thereof.4. If the debtor notifies the trustee in writing within thirty (30) days of receipt of thisnotice that the debt or any portion thereof is disputed, the trustee will provideverification of the debt, and a copy of the verification will be mailed to the debtorby the trustee.5. If the creditor named as beneficiary in the attached Trustee's Notice of Sale is notthe original creditor, and if the debtor makes a written request to the trusteewithin the thirty (30) days from the receipt of this notice, the name and address ofthe original creditor will be mailed to the debtor by the trustee.6. Written requests or objections should be addressed to:[Name of Attorney][Address]7. This communication is an attempt to collect a debt, and any information obtainedwill be used for that purpose.ATTACHMENT:Trustee's Notice of SalePage 14 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 7 - LETTER TO SHERIFF (step 5)[Date][Sheriff or Process Server]Re:[Matter]LAST DAY TO EFFECT SERVICE: [Date]Dear [Name]:Enclosed are one original and four certified true copies of the Trustee's Notice of Sale inthe above matter. Please serve the resident(s) of the following address:[Property Address]If you cannot effect personal service on the resident(s) of the property on the firstattempt, you should post a copy of the Trustee's Notice of Sale in a conspicuous placeon the property on the date of the first attempt. You should make a second attempt toeffect service on a day that is at least two days after the first attempt.If personal service cannot be effected on the resident(s) on the second attempt, youshould post a copy of the Trustee's Notice of Sale in a conspicuous place on theproperty on the date of the second attempt. You should make a third attempt to effectservice on a day that is at least two days after the second attempt.If personal service cannot be effected on the resident(s) on the third attempt, you shouldmail a copy of the Trustee's Notice of Sale, bearing the word "occupant" as theaddressee, to the property address by first class mail with postage prepaid.Please confirm that the property address is a single address and has no otheraddresses such as an apartment complex or a multi-tenant shopping center. If theproperty has multiple addresses, please note all addresses you find.Please make your Return of Service to my office and identify the resident(s) served byname. Indicate any substituted service by calling our office collect and giving us thedate and time of service and the person served. Please confirm that the person youserve is a resident of the home and not only at the address temporarily. If you areunable to effect personal service and effected service by posting on the property, pleaseprovide us with an Affidavit of Service Attempts and Posting.Please call us if you encounter any difficulties.Page 15 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (TRUST DEED FORECLOSURE CHECKLIST.DOC)

SAMPLE 7 - LETTER TO SHERIFF (step 5)[Date][Sheriff or Process Server]Re:[Matter]LAST DAY TO EFFECT SERVICE: [Date]Dear [Name]:Enclosed are one original and four certified true copies of the Trustee's Notice of Sale inthe above matter. Please serve the resident(s) of the following address:[Property Address]If you cannot effect personal service on the resident(s) of the property on the firstattempt, you should post a copy of the Trustee's Notice of Sale in a conspicuous placeon the property on the date of the first attempt. You should make a second attempt toeffect service on a day that is at least two days after the first attempt.If personal service cannot be effected on the resident(s) on the second attempt, youshould post a copy of the Trustee's Notice of Sale in a conspicuous place on theproperty on the date of the second attempt. You should make a third attempt to effectservice on a day that is at least two days after the second attempt.If personal service cannot be effected on the resident(s) on the third attempt, you shouldmail a copy of the Trustee's Notice of Sale, bearing the word "occupant" as theaddressee, to the property address by first class mail with postage prepaid.Please confirm that the property address is a single address and has no otheraddresses such as an apartment complex or a multi-tenant shopping center. If theproperty has multiple addresses, please note all addresses you find.Please make your Return of Service to my office and identify the resident(s) served byname. Indicate any substituted service by calling our office collect and giving us thedate and time of service and the person served. Please confirm that the person youserve is a resident of the home and not only at the address temporarily. If you areunable to effect personal service and effected service by posting on the property, pleaseprovide us with an Affidavit of Service Attempts and Posting.Please call us if you encounter any difficulties.Page 15 of 41 [Rev. 7/2012]PROFESSIONAL LIABILITY FUND (<strong>TRUST</strong> <strong>DEED</strong> <strong>FORECLOSURE</strong> CHECKLIST.DOC)

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