Legal Question in Bankruptcy in California

Bk

We were waiting to find out the Trustee Sale date from our atty. after a relief from stay was granted in our case. Called and e-mailed and atty. said hadn't received a date yet.

Tenant calls stating that a guy was there to collect the rent, said he was the new owner. As it turns out a Trustee sale had taken place and we didn't know it. When I called our atty. he said something was wrong because he hadn't received a notice and we stated that we hadn't either.

When our attorney contacted the attorney for the lender he stated that the lender atty. had sent an e-mail as a courtesy but it ended up in his spam folder. No prior e-mails had gone to spam and the lender's atty. said it was sent the same way as all other e-mails.

We later found out (from my internet searches) that the the lender did not need to re-notice after the stay was granted. We had an investor who we were to notify when we got the Sale Date and amount who was going to purchase the property for development with us as a partner and would be able to receive some of the proceeds from a property that was in our family for 40 years.

Shouldn't a BK atty. know this?

Do we have any recourse?

Our atty. said just move on... Are we nuts or is it wrong?


Asked on 7/17/08, 3:10 am

1 Answer from Attorneys
DAVID BURKENROAD LAW OFFICES OF DAVID BURKENROAD

Re: Bk

7/18/08 If you have equity in the property, it sounds to me like you might have to sue the lender for wrongful foreclosure. I have handled several such cases. I will be glad to speak to you. I look forward to hearing from you.

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Answered on 7/17/08, 10:31 pm


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