Legal Topics

Double Notice Required to Foreclose Deed of Trust

When foreclosing on a deed of trust, lenders must carefully follow all procedural requirements.

The Double Notice Principle

When a promissory note requires a specific notice period before acceleration, this notice must expire before the statutory foreclosure notice can begin. These periods cannot run concurrently.

Recommendation

Lenders should always comply fully with all terms of the note and applicable law.

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