A notice of default is recorded on 14 July without the declaration about borrower contact attached to it. For a loan subject to section 2923.5, is the notice compliant without the required contact declaration?
Correct Answer
B) Defective; the notice must include the declaration required by section 2923.5(b)
For a loan subject to section 2923.5, subsection (b) requires the contact, due-diligence, or applicable no-contact-required declaration in the notice. Occupancy and other coverage limitations must be evaluated first; the question states coverage. A later separate filing or a demand for proof of no call does not meet the stated requirement. Source: Cal. Civ. Code § 2923.5(b)
Why This Is the Correct Answer
For a loan subject to section 2923.5, subsection (b) requires the contact, due-diligence, or applicable no-contact-required declaration in the notice. Occupancy and other coverage limitations must be evaluated first; the question states coverage. A later separate filing or a demand for proof of no call does not meet the stated requirement. Source: Cal. Civ. Code § 2923.5(b)
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