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Multiple Choice

In a deed of trust foreclosure, who records the notice of default?

In a deed of trust foreclosure, the trustee records the notice of default because the trustee is the party authorized to initiate nonjudicial foreclosure on behalf of the lender (the beneficiary). Recording the notice of default with the county recorder publicly signals that the loan is in default and starts the foreclosure timeline. The borrower cannot file the notice to trigger foreclosure, and while the lender’s attorney may prepare the document, the actual recording is done by the trustee acting for the beneficiary. The county recorder is simply the office where the document is filed; the person who performs the filing for this process is the trustee.

In a deed of trust foreclosure, the trustee records the notice of default because the trustee is the party authorized to initiate nonjudicial foreclosure on behalf of the lender (the beneficiary). Recording the notice of default with the county recorder publicly signals that the loan is in default and starts the foreclosure timeline. The borrower cannot file the notice to trigger foreclosure, and while the lender’s attorney may prepare the document, the actual recording is done by the trustee acting for the beneficiary. The county recorder is simply the office where the document is filed; the person who performs the filing for this process is the trustee.