Does California Foreclosure law require that the lender produce the note in order to foreclose?
Not really. California Foreclosure Statutes are found in California Civil Code Section 2923.5-2924 and require, among other things, that the “beneficiary or their authorized agent” contact the borrower to assess their financial condition and discuss loan modifications BEFORE filing a Notice of Default and attempting to foreclose. This means, at least in my opinion, that the TRUE, REAL AND ACTUAL BENEFICIARY must be identified in order to ensure compliance with this section of the foreclosure law. This is a basic cornerstone of foreclosure defense (i.e that the foreclosure statutes in California and Arizona are followed). Only the “beneficiary or their authorized agent” is permitted to make the 2923.5 declaration in the notice of default, which assumes there is actually a beneficiary (i.e. the person entitled to collect the debt as evidenced by the Note). If you look at your promissory note and deed of trust, you will normally find reference to the words “note holder” which shows that t
