TRANSMITTAL FORM (TS138) | this is the “Request to Prepare Notice of Default” transmittal form which is completed by the lender and forwarded to T.D. Service Company together with the note, deed of trust, assignments and other necessary loan documents. This form sets forth all pertinent information to enable us to prepare the default documents.
TOLL | to temporarily stop. Frequently used to describe the tolling (stopping) during bankruptcy of any further acts in foreclosure.
TEMPORARY RESTRAINING ORDER (TRO) | A judicial order which is granted by a judge of the Superior Court. This order temporarily prohibits the trustee from proceeding with any further action under a specific foreclosure file until a trial is held or settlement reached. A TRO is effective, generally, for a 21 day time period or until a hearing is held and the judge decides whether a preliminary injunction will be granted or denied.
SUBSTITUTION OF TRUSTEE | a written document that appoints a successor trustee to the trustee named in the deed of trust, (or present trustee). This document must be acknowledged by a notary public and recorded with the county recorder in the county in which the property is located.
STATEMENT/INVOICE | an itemization of the trustee’s fee and expenses incurred at the conclusion of the foreclosure proceeding (cancellation, reinstatement, payoff or completed sale).
SOLDIER’S AND SAILOR’S RELIEF ACT | an act passed by Congress in 1940, for the financial protection of those persons serving in the military service. This act is the reason for the completion of the nonmilitary affidavit forms.
RETURN AND ACCOUNT OF SALE BY TRUSTEE | an itemization prepared by the trustee or his agent and sent to the successful bidder at the sale. It gives a complete accounting of the successful bid.
RESCISSION | See “Notice of Rescission.”
REQUEST TO PREPARE NOTICE OF DEFAULT | See “Transmittal Form.’
REQUEST FOR NOTICE | a recorded document which requests a copy of any notice of default and any notice of sale to be sent to the requester at the address shown. See California Civil Code section 2924b(1).