To start a new foreclosure with National Foreclosure Service, please download and complete the (fill-in PDF file) Declaration of Default and Demand for Sale and fax, mail, or email it to us along with a copy of the promissory note, recorded deed of trust, and any other documents you have concerning the loan (such as modifications, notices received from borrower, etc…).
Once we receive the document, we will prepare and record the Notice of Default to start the foreclosure process. We will also prepare the Substitution of Trustee for you to sign and have notarized.
PLEASE NOTE: If your loan was made between January 1, 2003, and December 31, 2007, AND the loan was for an owner-occupied residence, California Civil Code §2923.5 requires that before foreclosure proceedings can begin, the lender or its agent must make contact with the borrower (or use due diligence to try to make contact with the borrower) in order to assess the borrower’s financial situation and explore options for the borrower to avoid foreclosure.
This means that the Notice of Default may not be recorded until thirty (30) days after contact is made with the borrower (or after due diligence was used to attempt to contact the borrower).
