Legal Question in Real Estate Law in California
California ccp 664.6
The Judge in my civil case held jurisdiction over Stipulation for Settlement re: Arrearage and Principal due
on promissory note. This jurisdiction was held under CALIFORNIA CIVIL CODE OF PROCEDURE 664.6. This was August 17, 2003. The defendants did not comply with the stipulation for settlement and issued a notice of default
with an incorrect amount on both arrearage and principal due on promissory note. They took title to the property by a non-judicial Trustee's sale on 12/31/03. My question is
what legal forms can I use to regain my home and title to my home under CCP 664.6. Do I file a motion and if so what type of motion (name?). If I need to refile a new civil case is it a breach of contract or other? I appreciate any help on this matter.
3 Answers from Attorneys
Re: California ccp 664.6
Sounds like you have a messy case. If you are seeking to enforce the settlement agreement, then you make a motion to enforce the settlement under under CCP Section 664.6. Such a motion would be filed under the old case number. You may be able to recover attorneys' fees for bringing the motion.
If the property was subsequently sold to a third party (BFP) at a trustee's sale, the court may not be able to enter an order restoring title to your property. As soon as possible, you should take the settlement agreement, the trustee's sale stuff and any other paperwork related to this case to an attorney specializing in real estate litigation.
Re: California ccp 664.6
Instead of waiting for free legal advice on matters which you are uneducated, inexperienced and totally unable to fully comprehend to aid yourself successfully he should be going out there and finding an attorney who can aid you in this matter, if it all possible. How unique combination of an attorney schooled in real estate, litigation and possibly appellate work. From the timetable you give in your question which is minimal to say the least I think you're totally out of luck. I cannot believe that you had attorney aiding you in any way in this matter. If you didn't yourself you're doing yourself a continued disservice. If you had attorney then you should have had bad attorney aid you when the incorrect notice of default was recorded. As they say to the tuna, "sorry Charlie". without reservation you must see an attorney and explained all of the facts showing the attorney all of the paperwork so that attorney can adequately advice you if you do have any alternatives, recourse or rights in this matter. Your question again was insufficient to give a complete answer.
Re: California ccp 664.6
I will need to review your Stipulation as well as the forelcosure documents. If you fax these to me with your phone number, I will call you with free consultation with respect to your case. My fax number is 714 363 0229.
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