CA NJF: After sending a notice of default letter, which states that the note will be accelerated and the default interest rate will apply, can the default interest rate be used in calculating the reinstatement amount that’s included in the recorded notice of default? I’m concerned with 2924(c) requirements.

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Default b/c of missed monthly payments and not maturity.

Be mindful of the specific words you use in the default notice. If the notice states that the “note WILL BE [emphasis added] accelerated and default interest will apply“, I would be concerned about a possible defense that the note has not yet been accelerated because you use the words “will be” rather than “hereby is“.

Ultimately, you are seeking an equitable remedy (foreclosure). As you know, as a condition precedent to equitable remedies you must strictly comply with all statutory requirements. If the borrower can successfully argue that your letter was merely a warning shot across its bow, you may have to renotice the borrower and give it whatever cure period to which it may be entitled, whether as a matter of the foreclosure statute or the loan documents.

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