Legal Question in Bankruptcy in California

I am not sure what you mean by "My wife deferred the mail," however, the second part of that statement is pretty clear. By not making the home payment, the home went into non-judicial foreclosure, and it appears that the foreclosure sale has been completed and you have now been given the required three day notice to quit the property. I assume the statement about the mail has to do with your not having received notice of the foreclosure? In any event, the case law on setting aside non-judicial foreclosures is not in your favor at all. The level of misconduct on the part of the lender you would have to demonstrate is so high that based upon the facts you provided (sounds like your wife either intentionally or mistakenly deceived you), the lender does not appear to have done anything wrong. You need to have the case reviewed by someone who specializes in filing litigation to set aside foreclosure sales and attack the underlying loan to determine what, for sure, happened. That being said, again the case law is not in your favor, and if an attorney has already looked at it and returned your deposit, that's a pretty good indication that there isn't anything to be done. I am sorry to say that generally it is too late by the time you receive that three day notice to do anything but file a lawsuit and hope to set aside the foreclosure, or just accept it and move. Good luck.

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