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The Trustee Sale Guarantee (TSG) refers to the title guarantee that is issued at the beginning of a foreclosure. TSG helps the foreclosing trustee and beneficiary through the delivery of the information required in ensuring compliance with the statutes of foreclosure stipulated by the state. Issuing the trustee sale guarantee is the start of foreclosure. It helps the lender and/or their private investment by providing information needed to ensure they follow federal law. The lender/private investor (the trustees) use a title company to issue the TSG, which give notice of the pending foreclosure. A Notice of Trustee's Sale notify homeowners and mortgage borrowers that their property will be sold at a trustee's sale on a specific date and at a specific location. The actual sale typically completes a non-judicial foreclosure. The highest bidder at a trustee's sale gets title to the property; if no one bids, the title to the property keeps with the foreclosing mortgage lender.

A valid foreclosure requires the following documents to be successful:


 * Record vesting current owner
 * Encumbrances, liens, and judgments Bankruptcy information
 * Foreclosing mortgage priority
 * Verification of property address
 * Information on property tax
 * Newspaper publication entities
 * Parties needed to be notified of the foreclosure by law

The process of foreclosure starts when the trustor (Borrower) defaults in the loan obligation performance to the lender. Each state in the United States prescribes particular or specific laws when it comes to the process of foreclosure and the notices required. The TSG is an assurance to both the lender and the foreclosure attorney against the losses that are incurred up to the balance of the loan as a result of the errors in the Trustee Sale Guarantee.

As a trustee sale guarantee, you should create a title company you can rely on. Usually，the companies which providing the title insurance will help you making sure all regulations are followed throughout the foreclosure proceedings. Outsourcing your Trustee Sale Guarantee Report requirement to these TSG providers ensures you of a workforce that is stable, service oriented and secure, thus delivering an impeccable project result which is always on time.

How long it takes and when it is ordered
The Trustee Sale Guarantee is issued and ordered at the beginning of the foreclosure process. The Lawyers Title offers or provides this report typically within two to three business days.

Information Included in the TSG
Source:
 * Deed of Trust(s) or Mortgage recorded
 * Vesting of title and legal description to the property
 * Judicial District or City where the land is located
 * The foreclosure proceedings newspaper qualified publications
 * Addresses/names of the entities/people who must be provided with the foreclosure proceedings notice
 * Bankruptcies and property taxes
 * Liens and encumbrances on the property

Other documents and information Lawyers can provide or give the foreclosure lender or agent
Source:
 * Lien resolution and title issue
 * Centralized TSG processing for the state
 * Electronic report delivery and access
 * Recordings of documents during the process
 * Property documents and research for the bankruptcy preparation relief motion
 * The multiple updates to the title.

Trustee Sale Guarantee Fee
The TSG fee corresponds or is based on the liability amount as well as the rates of schedule that is filed by the United States State Department of Insurance.

Reason for using Lawyers Title in TSGs
The Lawyers Title provides service, security, service, and stability. Other than the Fidelity National Financial Inc. family, there are many title insurance groups all over the world that offer clients with billions of title claim reserves.

Procedures of Trustee Sale Guarantee
Provision of power-of-sale The carryback seller or lender holding the note secured by the trust deed that is in default has two specific methods of foreclosure to enforce the secured debt collection.


 * The judicial foreclosure sale (sheriff sale)
 * Non-judicial foreclosure sale (trustee sale)

Furthermore, the other security devices that may be used in creating a real estate lien to secure the debt that contains the provision of the power of sale are:


 * The contract of the land sale
 * The lease option sale
 * The UCC-1 statement of financing
 * The conditions, covenants, and restrictions of an association for assessments collection

Foreclosing under the provision of the power of sale allows the lien holder on the real estate to avoid the costly court actions for the judicial foreclosure should the owner default in a trust deed.

Who Conducts This Sale
The Trustee Deed works like the safety equipment that holding the title to the property for the lienholder benefit until the debts have been fully secured by the deed. Therefore, the parties to a trust deed are; a trustor, trustee, and beneficiary.

The trustee sale is done by the trustee who is named in the trust deed or the appointed one by the trust deed beneficiary at the time the process of foreclosure is initiated by the beneficiary. An attorney, broker, trust deed services, lender subsidiary or the lender may be appointed to act as the trustee (USA Today 2019). Trustees have the power of processing the foreclosure starting with the notice of default (NOD) recording and completing with the trustee's deed delivery and the sales proceeds delivery.

The Foreclosure Stages
For the case of the trustee, the process of foreclosure includes three stages ;


 * The recording and serving of the default notice
 * The recording and serving of the trustee’s sale notice
 * The real estate sale that includes property auctioning, trustee deed execution and sales proceeds distribution

Trustee Sale Guarantee
When the trust deed is in default and that the property foreclosure needs to start, the beneficiary delivers the Demand for Sale and the Declaration of Default to the trustee. This declaration comprises of the instructions that direct the trustee to begin or initiate the process of foreclosure on the secured real estate as has been authorized by the sale power under the trust deed.

Once the NOD has been recorded, a trustee must follow strictly, the statutory notice requirements. So as to serve all these notices properly to the required individuals, the trustee makes an order for the trustee sale guarantee from the associated title company prior to or at the time of NOD’s recording.

The Trustee Sale Guarantee provides advice to the trustee on the:


 * Parties receiving the NOD copy and the trustee sale notice (NOTS)
 * The secured real estate location where the NOTS copy is posted and the newspapers used for NOTS publication

Therefore, the trustee sale guarantee comprises of


 * The address and name of all the people who have recorded the request for the NOD copy
 * The address and name of all the parties having a recorded real estate interest securing the default obligation
 * Junior easements and granted parties
 * The legal description of the property
 * The map of the plot
 * The newspapers where the NOTs and NOD will be published

The Default Notice and Sell Election
During the ordering out of the trustee sale guarantee from the title insurance organization, a trustee instructs this company to make a recording of the notice of default (NOD) done in the county recorder office in the county where the real estate secure is found.

This NOD comprises of the statutorily mandated statement stipulating the monetary default secured by the trust deed (First American Corporation 2019). The purpose of the statement of monetary default in informing the owner that;


 * They must continue with their payment obligations required of them under the trust deed like property taxes and hazard insurance and
 * That failure to make any future payments when it comes to the default obligations will result in the owner required to initiate payments for the loan’s reinstatement.

The notice of trustee’s sale
The trustee or the beneficiary may start giving notices on the set date for the property sale by the foreclosure on the following day after the issuance of the three months of recording of the notice of default. .

The sale date can be set at any date or business day from Monday to Friday between 9 a.m. to 5 p.m. Generally, the trustee’s sale guarantee issued sate down to the trustee is ordered to be removed from the title company on the day prior to or during the day that the title company as has been instructed records its notice of trustee’s sale .

The purpose of the date down is to notify the trustee with ay interests that have been recorded on the property title upon the recording to the NOD. In spite of this, the trustee is not required to offer notices regarding the impending trustee’s sale to persons recorded with interests in the real estate property upon the recording of the NOD.

Trustee Sale Guarantee Guideline
The trustee in accordance to the Deed of Trust refers to an individual that is conducting the non-judicial foreclosure actions on a private capacity as well as not the state agent. Nonetheless, various state statutes exist that regulate the proceedings of the sale (First American Financial Corporation 2019). Particularly, the statues provide for the notices to be provided to the parties that are affected by the process or conclusions of the foreclosure to the appropriate parties.

The Trustee Sale Guarantee provides the Trustee with the addresses and names of these parties. Additionally, the state law of California requires notices of the sale to be published in a general circulation published and printed newspaper in the judicial district or state as well as may designate a specifically qualified newspaper where the land that is to be sold is located.

The Guarantee provides a description of the relevant judicial district and city as well as may designate a particularly qualified newspaper (Stewart Title Guaranty Company 2009). The foreclosing beneficiary may want or wish to use the information of the title that is found in the Guarantee to assist in the making of financial decisions that are related to the foreclosure. Because the TSG is designed for the benefits of a foreclosing Trustee, such a trustee is always named as the assured. However, the foreclosing beneficiary may also be named as the Assured.

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