Have Lenders Been Breaching “Section 22” Of The Deed Of Trusts?

Check “Section 22 – Acceleration: Remedies” on those Deed of Trusts folks. You should see the following:

“The Notice shall further inform Borrower, of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale.”

I’m curious if anyone has received this disclosure, because I have yet to see one in any Notices of Default, Notices of Trustee’s Sale, Declarations of Default, or any other letters / notices to homeowners in non-judicial states. I wonder why they’re not disclosing this agreed upon covenant within the DOTs? Are they afraid of being challenged on the issue of a “default?” (I’ve been providing evidence for quite some time now that there is no default.) And, is the failure to notice borrowers considered a breach of contract? Be sure to consult with your legal practitioner right away.

William Paatalo – Private Investigator – OR PSID# 49411

 

One Responseto “Have Lenders Been Breaching “Section 22” Of The Deed Of Trusts?”

1. Janet says:

   January 1, 2015 at 7:14 am

   Very interesting!

   Reply