California Escrow Practice Exam

In a deed of trust foreclosure, who initiates the filing of the notice of default?

The borrower The lender The trustee The county recorder

Correct Answer:

The trustee

Explanation:

In a deed of trust foreclosure, the trustee initiates the process by recording a Notice of Default. The lender (beneficiary) directs the trustee to start foreclosure, and the trustee’s action to file the NOD begins the non-judicial foreclosure timeline. The county recorder simply records documents; they don’t initiate foreclosure. The borrower doesn’t file the NOD themselves. After the NOD is recorded, there’s typically a cure period before the next step, the Notice of Trustee’s Sale, is issued.

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