Hello SUDO,
I'm sorry to announce that the Foreclosure is moving forward and will have ~ 90 days to come up with around 1 million dollars or the building can be sold.
- We will keep the ball rolling with our conversations with CAST to potentially come up with the needed funds
- We will of course be looking into any other funding options, ideas are always welcome
Best
William
Below is correspondence and some notes from our Lawyer:
Just wanted to let you know that the Mulberry
Trust will be proceeding with foreclosing on the property. A new trustee
will be taking over the work and proceed with the foreclosure. Mulberry
Trust also wanted to let you know that they'll be adding a late fee of
$283.90 to the principal since Omni didn't make a payment for April.
Once the foreclosure is filed, they won't be able to accept any further
payments. It's truly unfortunate that this happened but the MT did not
have any other choice given the circumstances, and it does not look like
there will be an assignment of the note to another individual or
entity.
Below
is an email I sent you previously regarding the timeline and Omni's
right to pay the debt even after foreclosure begins. Note that the
longer you wait, the more legal incurred by lender Omni will have to
pay. Let me know if there's any way I can help.
----
If they proceed as quickly as possible, they can schedule a
foreclosure sale no sooner than 90 days after the date on which they
record a notice of default. Because the loan is a commercial loan, it
is on a fast timeline.
1. They have to give you notice of recording the notice of default.
After the notice of default is recorded, the lender has to mail, post,
record and publish a notice of sale.
Omni has a right to pay the debt up to 5 business days before the
foreclosure sale date. (See Civil Code Section 2924c(e). The date
is extended in various ways if the foreclosure sale doesn't happen.