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Declaration of Default

For your convenience you can start a new file online using the form below.  You must be the beneficiary, an authorized officer of the beneficiary, or an authorized agent for the beneficiary with the full authority to:

  • Provide the information,
  • Request the commencement of the foreclosure of the referenced property, and
  • Bind the beneficiary to the terms and conditions contained herein.

Complete the form, answer the questions following the form and indicate that you have read and agree to all the terms contain herein.

 

Declaration of Default

Section I
Please enclose all applicable loan documents (including Promissory Notes, Deeds of Trust, Security Agreements, Modification or Extension Agreements, Guaranties, Assignments, Mobile Home Title Certificate, UCC Financing Statements) and complete the following:
$
(as extended, if applicable)
$
%
Days
%
$

Outstanding Loan Balance 

$
$
$
$
$
$
$
$

Past-Due Amounts (Do Not Complete If Loan Has Matured):

$
$
$
$
$
$
$
$
$
$
Section II
Section III

If this property does consist of owner-occupied residential property containing no more than four dwelling units and the subject deed of trust is in first lien position, please complete the remainder of this Section III by checking and completing those items that apply. Otherwise, proceed to Section IV:

The undersigned makes the above representations with the intent that the trustee proceed with recordation of the Notice of Default and/or Notice of Sale in compliance with California Civil Code §2923.5 and § 2923.55.

Section IV

The undersigned declares that:

  • A breach of and default in the obligations secured by the above-referenced deed of trust and security agreement, if applicable, has occurred, and WT Capital Lender Services, a California corporation ("WT Capital") is hereby requested and directed to sell the above-referenced Security Property to satisfy the obligations so secured.
  • The undersigned is not aware of any pending bankruptcy or other judicial action or proceeding involving the Security Property or its owner(s) that may affect this foreclosure.
  • All contractual and statutory notices, which are required prior to referral date, have been given as required.
  • The trustor is not now in the military and has not been in the military within the three(3)-month period of time immediately prior to the date of this Declaration of Default and Instructions to Foreclose.
  • The subject loan was principally negotiated in English.
  • The original loan documents are in the possession of Beneficiary, if not provided herewith, and Beneficiary will produce them upon demand.
  • The undersigned will notify WT Capital of any payments received or advances made pursuant to the terms of the subject note(s) and deed of trust.
  • The undersigned hereby agrees to pay all costs and trustee's fees to WT Capital within forty-five (45) days of the undersigned's receipt of its invoice.
  • Beneficiary hereby agrees to defend, indemnify and hold harmless WT Capital against any actions, proceedings or demands ("Claims"), judgment, losses, payments, costs, expenses (including but not limited to reasonable attorneys' fees), damages, settlements, liabilities, fines and penalties of WT Capital ("Costs") arising from or relating to any misrepresentation made by Beneficiary in this Declaration of Default and Instructions to Foreclose, above, with respect to any account(s) that Beneficiary has placed with WT Capital, unless said liability arises due to WT Capital's own negligence or mistake as determined by a court of competent jurisdiction.
  • If any action, suit, arbitration, or other proceeding is instituted to remedy, prevent, or obtain relief from default in the performance by either party of its obligations under this agreement, the prevailing party shall recover its reasonable attorney’s fees and costs incurred in each and every such action, suit, arbitration, or other proceeding, including any and all appeals or partitions therefrom.
  • I hereby authorize WT Capital to act as agent for lender to execute a declaration attesting to the above within the Notice of Default and/or Notice of Sale, which I am requesting WT Capital to prepare.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.