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NOTICE OF DEFAULT AND PETERS & FREEDMAN, L.L.P. IS ACTING IN THE FUNCTION OF A DEBT COLLECTOR, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
ELECTION TO SELL
RE: Creditor Association:
Esplanade at Spectrum Homeowners Association
Jason P. Goolsby
8761 Esplanade Park Lane, San Diego, CA 92123
8761 Esplanade Park Lane, San Diego, 92123
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION
, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally five (5) business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this Notice of Default was recorded (which date of recordation appears on this notice).
This amount is $14,630.27
as of August 7, 2013
, and will increase until your account becomes current. While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and deed of trust or mortgage. If you fail to make future payments on the loan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance premiums.
Upon your written request, the beneficiary or creditor (Association) will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your account, even though full payment was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or creditor (Association) may mutually agree in writing prior to the time that the Notice of Sale is posted (which may not be earlier than the end of the three-month period stated above) to, among other things, (1) provide additional time in which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2).
Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of your property by paying the entire amount demanded by your creditor.
To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact:
THE LAW OFFICE OF PETERS & FREEDMAN, L.L.P
191 Calle Madalena, Suite 220
Encinitas, California 92024
If you have any questions, you should contact a lawyer or the government agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure.
Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT ACTION.
NOTICE IS HEREBY GIVEN THAT THE LAW OFFICES OF PETERS & FREEDMAN, L.L.P. is now duly appointed Trustee under that certain Notice of Delinquent Assessment which was caused to be recorded by Esplanade at Spectrum Homeowners Association ("Creditor Association") pursuant to the authority of Civil Code Section 1367 to secure obligations in favor of the Creditor Association, which Notice of Delinquent Assessment was recorded on September 18, 2009
, as File/Page No. 2009-0521813
of Official Records in the Office of the Recorder of San Diego
County, California against the real property legally described as:PARCEL 1 : RESIDENTIAL UNIT NO. 53, AS SHOWN AND DEFINED ON THAT CERTAIN ESPLANADE AT SPECTRUM AMENDED, RESTATED AND SUPERCEDED PHASE 1 CONDOMINIUM PLAN, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OS SAN DIEGO COUNTY ON JUNE 24, 2003 AS DOCUMENT NO. 2003-0745790, SITUATED WITHIN PARCEL 1 OF PARCEL MAP NO. 19190 IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 27, 2003, AS DOCUMENT NO. 2003-0347257.
PARCEL 2: AN UNDIVIDED 1/37TH FEE SIMPLE INTEREST AS A TENANT IN COMMON IN AND TO BUILDING ENVELOPES NOS. 4,5,6 AND 7 SHOWN AND DEFINED ON THE CONDOMINIUM PLAN, AS FURTHER DESCRIBED.
Commonly described as 8761 Esplanade Park Lane, San Diego, CA 92123
("Property"), the record owners of which are Jason P. Goolsby, a single man
, ("Owners"). A breach of, and default in, the obligation for which said Notice of Delinquent Assessment is security has occurred in that the Owner failed to pay: assessments and/or late fees, costs of collection (including attorney's fees), and interest, which said Owner is obligated to pay Creditor Association under Civil Code Section 1366, and any subsequent delinquent assessments which became due thereafter or may become due during the course of this foreclosure together with any late fees, costs of collection (including attorney's fees), and interest thereon. By reason of the aforesaid default by said Owner, the Creditor Association has declared that all sums secured by such Notice of Delinquent Assessment are immediately due and payable, and does hereby elect to cause the aforesaid Property to be sold to satisfy the obligations secured thereby.
DATED: AUGUST 8, 2013 Esplanade at Spectrum Homeowners Association
By:/s/Stephen M. Kirkland, as Trustee, and Authorized Representative of Esplanade at Spectrum Homeowners Association
Pub July 15, 22, 29, Aug 5 -00132121