Legal Question in Real Estate Law in California

Re: foreclosure

This is not fraud, and you cannot sue the new owner. In order to wage a successful lawsuit, a plaintiff must have suffered damage. In this instance you must ask yourself, "how have I been damaged" by the new owner's payment of a senior lien in your name. The answer, of course, is you have not been damaged. If anyone would have a cause of action, it would be the senior lender but, again, if their note is being paid they have not been damaged.

Re: foreclosure

Maybe I'm missing something here, but how could a senior lender possibly not know about the new owner? Is the senior lender an individual with no experience rather than a financial institution? What happens when you try to contact the senior lender? Has the trustee who handled the foreclosure sale (assuming it was a trustee's power-of-sale foreclosure) caused a trustee's deed to be issued and recorded? Were all secured parties served with notice of the sale? This is all pretty hard to conceive.