9-21-18 Sec 4 pg 16-18 Legals _Legals 9/19/18 1:43 PM Page 18

FICTITIOUS BUSINESS NAME STATEMENT

18 Friday, Sept. 21, 2018 Highland Community News n highlandnews.net

Frequently Asked Questions

Public Notices Public Notices Call the

What is a DBA?
1210-141-48-0-000 The un- mation is to attend the

DBA is an abbreviation for “doing business as.” Certain jurisdictions may

dersigned Trustee dis- scheduledsale. FOR TRUS-
claims any liability for any TEE SALE INFORMATION

use the terms fictitious business name, trade name or assumed name in-
incorrectness of the street PLEASE CALL: AGENCY

stead of DBA. DBA registration is necessary if your business operates

address and other common SALES and POSTING
designation, if any, shown 714-730-2727www.serv- Highland
under a name other than its legal name. The legal name of a corporation,
herein. Said sale will be icelinkASAP.com BAR-

LLC, or other state registered entity is the name on the articles filed with the
made, but without covenant RETT DAFFIN FRAPPIER

state, and for all others the personal name of the business owner or own-
or warranty, expressed or TREDER and WEISS, LLP
implied, regarding title, pos- as Trustee20955 Pathfinder

ers. For example, if your name is John Smith and you are operating a sole
session, or encumbrances, Road, Suite 300 Diamond

proprietorship as “John Smith Plumbing Services,” or a partnership as

to pay the remaining princi- Bar, CA 91765 (866)
pal sum of the note(s) se- 795-1852 Dated: Community
“Smith and Associates Plumbing,” then you would not need to file a DBA to
cured by said Deed ofTrust, 08/30/2018BARRETT DAF-

conduct business under that name. However, if you are a sole proprietor-
with interest thereon, as FIN FRAPPIER TREDER
provided in said note(s), ad- and WEISS, LLP IS ACT-

ship, you must file a DBA to legally be called “Smith and Associates Plumb-
vances, under the terms of ING AS A DEBT COLLEC-

ing.”
said Deed of Trust, fees, TOR ATTEMPTING TO

What is the purpose of filing a DBA?

charges and expenses of COLLECT A DEBT. ANY
the Trustee and of the INFORMATION OBTAINED News
To make available to the public the identities of persons doing business
trusts created by said Deed WILL BE USED FOR THAT

under the fictitious business name.

of Trust. The total amount PURPOSE. A-4668621

Can someone else use my business name if I have a DBA?

of the unpaid balance of the 09/07/2018, 09/14/2018,
obligation secured by the 09/21/2018

In most cases, the state or county will file any correctly prepared fictitious
property to be sold and rea-

business name statement, regardless of name conflict. In many cases,

sonable estimated costs,
expenses and advances at at
more than one business can operate under the same DBA, and therefore,
the time of the initial publi-

there is no protection or exclusivity offered by operating solely under a

cation of the Notice of Sale
is $338,601.23. The benefi-

“doing business as” name. When registering your DBA, you may also find
ciary under said Deed of

that there is a corporation, LLC, sole proprietorship, or other business entity

Trust heretofore executed

using the same or a similar business name.

and delivered to the under-
signed a written Declaration 862-1771
What are the publication requirements?
of Default and Demand for

State law differs regarding the need for DBA publication. Generally speak-
Sale, and a written Notice
of Default and Election to

ing, when publication is required, the DBA statement must be published

Sell. The undersigned

once a week, in a specific newspaper that posts legal notices, for a duration
caused said Notice of De-
fault and Election to Sell to

of four consecutive weeks.

be recorded in the county for
Can I conduct business and open a bank account before my
where the real property is

DBA has been filed?

located. NOTICE TO PO-
TENTIAL BIDDERS: If you

You should not be conducting business under your fictitious business name
are considering bidding on

until you have filed the DBA statement. In addition, most banks will not
this property lien, you
should understand that

allow you to open a bank account until they have seen proof of the filed
there are risks involved in information
DBA.
bidding at a trustee auction.

How will I know if my business name is already being used?

You will be bidding on a
lien, not on the property it-

It is the responsibility of the applicant to research the availability of a name.

self. Placing the highest bid

This can be done online, in person or by mail.

at a trustee auction does
not automatically entitle you

San Bernardino County online search:

to free and clear ownership
Call the on placing
www.sbcounty.gov/ARC
of the property. You should

Using your DBA

also be aware that the lien
being auctioned off may be

The most significant use of a DBA is the ability for a sole proprietorship to
a junior lien. If you are the

open a business bank account and collect money using a name other than
highest bidder at the auc-
tion, you are or may be re-

its legal name.

sponsible for paying off all
Highland your
A DBA name may not contain any word or corporate ending that
liens senior to the lien being
auctioned off, before you

implies it is anything other than a DBA, unless the DBA is being filed for a
can receive clear title to the

corporation, LLC or other state registered entity. For example, if Joe Smith
property. You are encour-

operates a sole proprietorship under “ABC Plumbing,” he cannot file a DBA

aged to investigate the ex-
istence, priority, and size of

as “ABC Plumbing, Inc.” In order to have the title of corporation or LLC you
outstanding liensthat may Community News ficticious
would have to form and file such an organization with the appropriate state
exist on this property by
contacting the county re-

agency.
corder's office or a title in-

When does a DBA expire?

surance company, either of

A fictitious business name statement expires five years from the date it was
which may charge you a
fee for this information. If

filed in the office of the county clerk.

you consult either of these at business
What is a Corporation?
resources, you should be
aware that the same lender

A corporation is a distinct legal entity created under state laws which can
may hold more than one

open a bank account, purchase property, enter into contracts and operate a
mortgage or deed of trust

business. One of the most important features of a corporation is that gener-

on the property. NOTICE
TO PROPERTY OWNER:
862-1771
ally, its owners are not personally liable for the debts of the corporation.
The sale date shown on name or
What is an LLC?
this notice of sale may be
postponed one or more

A limited liability company, or LLC, is an entity created under state laws

times by the mortgagee,

which has characteristics of both a corporation and a partnership. Like a

beneficiary, trustee, or a
court, pursuant to Section

corporation, the owners of an LLC are not personally liable for the debts of
2924g of the California Civil
for legal ad info
the LLC. Like a partnership and sole proprietorship, an LLC has operating
Code. The law requires that other
flexibility and is a pass-through entity for tax purposes. This means that the
information about trustee
sale postponements be

profits of the LLC are passed through and taxable to the owners of the LLC.
made available to you and

If I have a corporation or an LLC name, do I also have to file a

to the public, as a courtesy
tothose not present at the

DBA under that name as well?

sale. If you wish to learn

The articles of incorporation or organization are enough for official name

whether your sale date has legal ad
registration and business name transactions with financial institutions pro-
been postponed, and, if ap-
plicable, the rescheduled

vided that the entity uses its legal name. A DBA is simply a name statement
time and date for the sale of

registered with the state and not an official business formation like a corpo-
this property, you may call
714-730-2727 for informa-

ration or an LLC. If your business is incorporated or organized under state

tion regarding the trustee's

law, you only have to register a DBA if you operate your business under a
sale or visit this Internet
Web site www.servicelinkA-
Deadline is
name other than its legal name as filed with the state.
San Bernardino County Recorder/Clerk
SAP.com for information re-
garding the sale of this

222 W. Hospitality Lane, 1st Floor

property, using the file num-
ber assigned to this case

San Bernardino, CA 92415-0022

00000007260953. Informa-
tion about postponements
that are very short in dura-
noon

909-387-8306
tion or that occur close in
time to the scheduled sale

Hours: Monday-Friday, 8AM-5PM

may not immediately be re-
flected in the telephone in-
formation or on the Internet
Web site. The best way to
verify postponement infor-
Mondays.