The Court CONTINUES the hearing on this matter to February 13, 2018.
The Court finds that Petitioner National Default Servicing Corporation has not complied with all the notice and other procedural requirements of Civil Code § 2924j(c) and (d).
Petitioner’s request is to be allowed to be discharged from liability. Please note that upon deposit of funds to the court, this party may be discharged from further liability. CC § 2924j(c). However, Petitioner is required to give proper notice of its intent to deposit funds before depositing the surplus funds. (Civil Code § 2924j(d).) The Court finds that proper notice of Petitioner’s notice to deposit funds was not given. Nor has Petitioner deposited the surplus funds. Accordingly, Petitioner is ordered to file and serve notice of its intent to deposit the surplus funds to all interested parties that states (1) it intends to deposit the funds with the clerk of the court; (2) that a claim for the funds must be filed with the court within 30
Type
MORTGAGE FORECLOSURE (Limited Jurisdiction)
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The Court CONTINUES the hearing on this matter to February 13, 2018.
The Court finds that Petitioner National Default Servicing Corporation has not complied with all the notice and other procedural requirements of Civil Code § 2924j(c) and (d).
Petitioner’s request is to be allowed to be discharged from liability. Please note that upon deposit of funds to the court, this party may be discharged from further liability. CC § 2924j(c). However, Petitioner is required to give proper notice of its intent to deposit funds before depositing the surplus funds. (Civil Code § 2924j(d).) The Court finds that proper notice of Petitioner’s notice to deposit funds was not given. Nor has Petitioner deposited the surplus funds. Accordingly, Petitioner is ordered to file and serve notice of its intent to deposit the surplus funds to all interested parties that states (1) it intends to deposit the funds with the clerk of the court; (2) that a claim for the funds must be filed with the court within 30