Legal Question in Real Estate Law in California

Re: foreclosure on home

Once you have actually filed for bankruptcy there is a stay of any civil actions; I do not know if that covers non-judicial foreclosures [I think it does], but there is a detailed procedure for foreclosing that must be followed, including notice to you. Call up the bank and see what is happening, ask them whether they sent you notice and what proof they have of following the required,that they may be subject to a fine from the bankruptcy court. Have you tried to discuss with the bank a restructuring of the loan so that you can make the payments [reduce interest rate, interest only loan, etc.] as they normally do not like to take over properties.

Re: foreclosure on home

The answer to your specific question is probably that it gets down to which event happened first, the federal court clerk's stamping of the bankruptcy papers or the foreclosure. If one happened at 9:05 a.m. it would prevail over the other which occurred at 9:10 a.m.

However, I seriously doubt that an answer to this question is going to be controlling in this situation. The foreclosure procedure you describe, and its apparent result, seem so irregular and error-plagued that I must believe either (1) the bank made major blunders, or (2) there's much more to the story that you either don't know or didn't report.

I'd say the first place to start is with your bankruptcy attorney, and if you don't have one, better get one! Failing that, maybe the trustee appointed in your case will give you some assistance, but keep in mind that the trustee is there to take care of the creditors' interests.

Did you go to the hearing on 5/16? Was this situation discussed?

Also, while information from the tax collector may suggest certain facts, it is a secondary source, and you need to check what's on the record at the County Recorder.