Legal Question in Real Estate Law in California

Re: Canceling a trustee deed's sale

Your question is pretty skimpy on facts. Was the court hearing in an area hit by the hurricane? Or were you there? Were you aware of the hearing? Could you have contacted the court by telephone? Was the automatic stay in effect at any relevant time, and if so, was it violated by the trustee or beneficiary while in effect?

A court has discretion to set aside a trustee's sale for good cause, but this can be very difficult, especially if the trustee and the buyer have acted in good faith and abided by the law.

Your failing to preserve your bankruptcy protection will be examined for any trace of fault on your part. If you were totally 'heads up' and met all deadlines except where the hurricane completely prevented it, you may get court sympathy.

If you would like to send me more facts, I'll try to give you a more detailed answer.

Re: Canceling a trustee deed's sale

this is the first time i have heard the hurricane used as an excuse in calif to a legal problem --- and what is a chapeter 13 per se situation. was the only reason you filed a chapter proceed to avoid forcloseue and did you have an attorney and why didn't he/she go to court without you?????? so many questions and no good answers