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Chapter 14

Form 14-40

Notice of Rescission of Trustee’s Sale

Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.

Date:

[Trustee/Substitute Trustee]:

[Trustee/Substitute Trustee]’s Address:

Repeat as necessary for multiple trustees.

Debtor[s]:

[Debtor’s/Debtors’] Address[es]:

Buyer[s]:

[Buyer’s/Buyers’] Address[es]:

Note

Date:

Principal amount:

Borrower:

Mortgagee:

Trustee’s Deed

Date:

Trustee:

Buyer:

Recording information:

Property: [Insert property description and include the following if applicable: , including all personal property secured by the security agreement included in the Deed of Trust.]

County:

Date of Sale (first Tuesday of month):

Time of Sale:

Place of Sale: [Designate county location where sale will take place (may be other than court­house)]

Notice is given that on the Date of Sale, Trustee[s] offered the Property for sale at pub­lic auction at the Place of Sale, to the highest bidder for cash, “AS IS.” The sale was struck off at the Time of Sale to Buyer[s].

The foreclosure sale is rescinded by the Trustee[s] because one or more of the statutory reasons listed below exist:

1.the statutory requirements for the sale were not satisfied;

2.the default leading to the sale was cured before the sale;

3.a receivership or dependent probate administration involving the Property was pending at the Time of Sale;

4.a condition specified in the conditions of sale prescribed by the Trustee[s] or Sub­stitute Trustee[s] before the sale and made available in writing to prospective bidders at the sale was not met;

5.the Mortgagee or mortgage servicer and the Debtor[s] agreed before the sale to cancel the sale based on an enforceable written agreement by the Debtor[s] to cure the default; or

6.at the Time of Sale, a court-ordered or automatic stay of the sale imposed in a bankruptcy case filed by a person with an interest in the Property was in effect.

   
[Name of trustee]

Repeat signature line as necessary.