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Cal. Civ. Code § 5710

Trustee sale; nonjudicial foreclosure procedure

liensnonjudicial-foreclosurecollection

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Plain-English summary

Sets the procedure for a trustee sale of the lien: it is conducted under the deed-of-trust power-of-sale statutes (Civ. Code §§ 2924, 2924b, 2924c), with a notice of default served on the owner, and caps trustee fees.

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Statutory text

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(a) Any sale by the trustee shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trust. (b) In addition to the requirements of Section 2924, the association shall serve a notice of default on the person named as the owner of the separate interest in the association's records or, if that person has designated a legal representative pursuant to this subdivision, on that legal representative. Service shall be in accordance with the manner of service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. An owner may designate a legal representative in a writing that is mailed to the association in a manner that indicates that the association has received it. (c) The fees of a trustee may not exceed the amounts prescribed in Sections 2924c and 2924d, plus the cost of service for either of the following:

The notice of default pursuant to subdivision (b).

The decision of the board to foreclose upon the separate interest of an owner as described in subdivision (d) of Section 5705.

Synced from the Florida Legislature’s official site. Verify the current version before citing.

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