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Updated about 17 years ago,

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3
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Michael Mainer
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3
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Lis Pendens, Notice of Default, and Notice of Trustee Sale

Michael Mainer
Posted

I've been reviewing Notice of Trustee Sales at my county Recorder's Office. I notice that the Notice of Trustee Sales (this document is scanned) references a Notice of Default. I can't find any Notice of Default on file at the recorder's office, I don't think my county uses them. What I can find are Lis Pendens. But I can't find Lis Pendens that are associated with a particular Notice of Trustee Sale.

My questions:
[list]Are "Notices of Default" and "Lis Pendens" interchangeable terms?

Can Notices of Default not be recordered at the county and only be sent to the mortgagee via certified mail so that the mortgagor has proof that the mortgagee has been put on notification?

Are Lis Pendens necessary before submitting a Notice of Trustee Sale?

Do Notice of Trustee Sales replace a Lis Pendens at the recorder's office? I can't find an associated Lis Pendens for a Notice of Trustee Sale.[/list:u]
I understand that the process varies by state to state. I imagine though that these terms should be pretty standard and so should some of the process associated with them.

Thank you in advance,
Michael