Legal Question in Real Estate Law in California
Chain of Title - Trustees Sale
A (Trustee) sells to B (Purchaser) property at a trustees sale unaware the C (trustor) has filed for Bankruptcy protection. B perfects Title by recording. When A learns of BAnkruptcy filing he voids sale but forgets to record a rescission of Trustee Sale. Two years later after BK is dismissed A sells to D. who records Trustee deed. 60 days later A records ''rescission of Trustees Deed'' for the sale from A to B with verbage stating ''Original Deed (''A's'') is in full force and effect''.
Who owns the property D or A or ??
1 Answer from Attorneys
Re: Chain of Title - Trustees Sale
Neither, C still owns the property and will continue to do so until there is a proper trustee's sale. C should sue A and D for Civil conspiracy and contempt of court. A and D belong in prison. Also, A never had any obligation to record anything. C should have filed the rescission with the recorder. D may have a counter-claim against C for negilgence or for quiet title.
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