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NOTICE OF TRUSTEES SALEPLEASE BE ADVISED, PETERS & FREEDMAN IS ACTING IN THE ROLE OF A DEBT COLLECTOR AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
RE: Creditor Association: Bella Capri Homeowners Association
Recorded Owner: Arvind Jayan
Property Address: 7509 Draper Avenue, Unit 303
, San Diego, CA 92037
Mailing Address:Same as aboveYOU ARE IN DEFAULT UNDER A NOTICE OF ASSESSMENT LIEN (CIVIL CODE SECTION 1367) DATED MARCH 9, 2011 UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONSULT A LAWYER.
NOTICE IS HEREBY GIVEN that on May 29, 2013 at 10:30 am
, PETERS & FREEDMAN, L.L.P. as Trustee, or Successor Trustee or Substituted Trustee of that certain Notice of Delinquent Assessment (Civil Code Sec. 1367) which was caused to be recorded by Bella Capri Homeowners Association
("Creditor Association") pursuant to the authority of Civil Code Section 1367 in order to secure obligations in favor of the Creditor Association, which Notice of Delinquent Assessment was recorded on March 9, 2011
, as File/Page No. 2011-0128782
of Official Records in the Office of the Recorder of San Diego County, California, and pursuant to that certain Notice of Default and Election to Sell recorded on February 10, 2012
, as File/Page No. 2012-0079157
of Official Records of said County, will sell at public auction, under the power of sale conferred by Civil Code Section 1367, to the highest bidder for cash in lawful money of the United States of America or cashiers check made payable to the creditor Association, at the offices of Peters & Freedman, L.L.P., 191 Calle Magdalena, Suite 220, Encinitas, California, in the City of Encinitas, County of San Diego, State of California, all that right, title and interest in the property situated in said County and State which is legally described as follows:PARCEL 1: AN UNDIVIDED 1/29TH FEE SIMPLE INTEREST AS A TENANT IN COMMON IN AND TO THE COMMON AREA, AS SHOWN ON THE CONDOMINIUM PLAN FOR BELLA CAPRI, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 23, 2004 AS INSTRUMENT NO. 2004-1209217, WHICH IS LOCATED WITHIN LOT 1 IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14934, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 21, 2004 AS DOCUMENT NO. 2004-1199511.PARCEL 2: RESIDENTIAL UNIT NO. L-16 AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, AS FURTHER DESCRIBED.
The record owner of which is Arvind Jayan,
a single man ( Owner).
Street address or other common designation of Property to be sold: 7509 Draper Avenue, Unit 303
, San Diego, CA 92037.
Names and Address of Creditor Association at whose request the sale is being conducted:
Bella Capri Homeowners Association
c/o Peters & Freedman, L.L.P.
191 Calle Magdalena Suite 220
Encinitas, CA 92024
Directions to and a detailed description of the above-described real property may be obtained by requesting the same in writing to the above-named beneficiary ("Creditor Association") within ten (10) days from the first publication of this notice.
Said sale will be made without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the unpaid balance currently due and owing under the aforesaid Notice of Delinquent Assessment and/or late fees, costs of collection (including attorneys' fees), and interest, which said Owner is obligated to pay Creditor Association under Civil Code Section 1366, and fees, charges, and expenses of the Trustee.NOTE: THE PROPERTY IS BEING SOLD SUBJECT TO A RIGHT OF REDEMPTION CREATED BY CIVIL CODE §1367.4(C)(4)
The total amount of the unpaid balance of the obligation secured by the Property to be sold and reasonable estimated costs, expenses and advances at the time of initial publication of the Notice of Sale is $16,284.65.
NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear
ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder's office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property.
NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may visit this Internet Web site www.hoalaw.com/foreclosureinfo
for information regarding the sale of this property, using the file/TS number assigned to this case: 213600120-6489
. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale.
Date: April 17, 2013 Bella Capri Homeowners Association
By: /s/Stephen M. Kirkland, Trustee, Attorney, and Authorized Representative for Bella Capri Homeowners Association
Pub Apr 19, 26, May 3 -00109869