In re Salazar: Assignment of Beneficial Interest in Deed of Trust

Under California Civil Code, Section 2932.5 the Assignment of the beneficial interest in the Deed of Trust must be recorded before the foreclosure sale can proceed.  For more information, one can review In re Salazar, a bankruptcy court case in which the court found that the assignment had not been recorded.  The only way to discover if the assignment has been recorded is to go to the County Recorder’s office and look at the property.  Afterwards,  one should check with MERS online to verify who the beneficiary is of your loan.

In re Salazar can be found here.