CLTA News Express
An Express Article from the California Land Title Association
Definition of “Last Known Address” Changed for Recorded Notices of Default And Postponement of Trustee Sales Affected
Bulletin 2005/06 –66 - November 18, 2005
AB 885 (Keene) was recently signed into law amending Civil Code Section 2924b(3), thereby changing the definition of “last known address” for recorded notices of default sent to trustors and mortgagors:
The "last known address" of each trustor or mortgagor means the last business or residence physical address actually known by the mortgagee, beneficiary, trustee, or other person authorized to record the notice of default. For the purposes of this subdivision, an address is "actually known" if it is contained in the original deed of trust or mortgage, or in any subsequent written notification of a change of physical address from the trustor or mortgagor pursuant to the deed of trust or mortgage. For the purposes of this subdivision, "physical address" does not include an e-mail or any form of electronic address for a trustor or mortgagor. The beneficiary shall inform the trustee of the trustor's last address actually known by the beneficiary. However, the trustee shall incur no liability for failing to send any notice to the last address unless the trustee has actual knowledge of it.
This act also permits any number of postponements of the sale proceedings at any time prior to the completion of the sale, for any period of time not to exceed a total of 365 days from the date set forth in the notice of sale, upon the order of any court of competent jurisdiction, where stayed by operation of law, by mutual agreement of any trustor and any beneficiary or any mortgagor and any mortgagee, at the discretion of the trustee, or upon instruction by the beneficiary to the trustee that the sale proceedings be postponed. Any postponements beyond the 365-day period would require a new notice of sale to be given before any further sale proceedings may be scheduled.
