Legal Question in Real Estate Law in California
On 5/28/08 an Assignment of Deed of Trust was filed on our property. It foreclosed on 8/8/08 with a Trustee's Deed Upon Sale being recorded in our county.
On 8/5/11 a second Assignment Deed of Trust was filed on the same property with our names on the filing although there has been a new owner since 2009.
What does this mean? We have no ownership interest nor any mortgages at this time and were looking to get back into homeownership but it appears that this will pull up as a second foreclosure.
the 5/28/08 filing appears as ASGN TR D
"our names"
FISHER FIN GRP INC DBA
MORTGAGE ELECT REGISTRATION
NATIONS CHOICE MTG
US BNK NATL ASSN TR (grantee)
This is identical to what we just discovered was filed in August of this year. We are now very scared as we thought this was all behind us and have saved enough money to put 50% down on a house in order to be well qualified. Any assistance is appreciated
3 Answers from Attorneys
It is not possible to sort this out with the limited information you provide. My best guess is you had a first and a second and the second foreclosed, resulting in the new buyer being subject to the original first, which is now being foreclosed, but that is purely a guess. Without reviewing all the documents and knowing your loan history, it is impossible to say what is going on.
I suggest getting together the recorded documents and having an attorney review it.
If the documents are identical except for dates, and the other information you've given are accurate, my hunch is that it's a mistake. An attorney review would perhaps so determine.