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Category: Real Estate Law
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When the calif civil code allows 5 days notice through process

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When the calif civil code allows 5 days notice through process service is the date of service received counted as day 1, when do you start the counting and end the count - busuness days only, holidays, weekends, etc.

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This is concerning landlord tenant law and eviction?
Customer: replied 4 years ago.
right to cure default 2924c
Oh, mortgage foreclosure.

Up to 5 business days before the Trustee’s Sale, the borrower may reinstate the loan (bring the loan current) by paying the missed payments plus allowable costs. Note: If the Sale is postponed the date that the borrower may reinstate is postponed accordingly. (Cal. Civ. Code § 2924c(e).)


May cure anytime between the filing of the notice of default and five business days
before the scheduled trustee’s sale, by paying the amount due without acceleration,
plus certain costs and expenses actually incurred, which are limited by statute. Civ.
Code § 2924c.

So the 5 days isn't from the date of being given notice of default - but before the scheduled trustee's sale.

It's 5 business days before the sale - basically business days before the sale.



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Customer: replied 4 years ago.

is veterans day considered a holiday in the count, is the day of receipt of intent to cure called day 1 or is the day after (receipt of intent to cure) day 1?

Veteran's day is a nationally recognized holiday - that day wouldn't count or be part of the 5 days.

It's 5 days after - not counting the day of receipt. Day 1 is always the next day when counting.


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Customer: replied 4 years ago.

Day of sale would be counted as day 5 to complete 5 day requirement? does counting begin the day that a publicly recorded document is recorded at county records?

I'm not sure what you are asking now - it's becoming confusing. Can you explain?
Customer: replied 4 years ago.

Dec 8 notification to trustee of intent to cure, Dec 16 sale, intent to cure ignored. Publicly recorded document of assignment of negotiater assigned to cure on Dec 4 at County Recorders.

In the counting of days, if the final day of performance falls on a Saturday, Sunday, or holiday, then the day for performance becomes the next business day. “Business days” are defined as all days other than Saturday, Sunday, and holidays. See California Civil Code Sections 7.1, 9, and 10.


It would appear that they wrongfully foreclosed on the property after you gave them your notice.
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