According to Cal. Civil Code § 2924b(a), any person may request a copy of notice of default. The request, which is often made within a deed of trust, is required to be signed and acknowledged by the person making the request. The statute reads:
Any person desiring a copy of any notice of default and of any notice of sale under any deed of trust or mortgage with power of sale upon real property or an estate for years therein, as to which deed of trust or mortgage the power of sale cannot be exercised until these notices are given for the time and in the manner provided in Section 2924 may, at any time subsequent to recordation of the deed of trust or mortgage and prior to recordation of notice of default thereunder, cause to be filed for record in the office of the recorder of any county in which any part or parcel of the real property is situated, a duly acknowledged request for a copy of the notice of default and of sale. This request shall be signed and acknowledged by the person making the request, specifying the name and address of the person to whom the notice is to be mailed, shall identify the deed of trust or mortgage by stating the names of the parties thereto, the date of recordation thereof, and the book and page where the deed of trust or mortgage is recorded or the recorder’s number.
Docutech has on occasion received conflicting feedback that only the borrower or the borrower and the lender need to sign the request for notice. To satisfy differing requests, we are creating a field that will allow the lender to choose whether only the borrower or borrower and lender will sign the request. Accordingly, if lender sets Lender Signature in Request for Notice of Default (FI 175381) to “Yes” then a lender signature will print on the request for notice.
This change will be in effect on July 13, 2023. If you have any questions or concerns about this change, please contact Client Support at 1.800.497.3584.
DR-143574
Update:
We have also added a notary block for the Lender signature when the Lender sets “Lender Signature in Request for Notice of Default” (Field 175381) to “Yes”.
These changes are available for testing on Stage and Stage 2 servers and will take effect on April 3, 2024. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.
DR-149394