Legal Question in Real Estate Law in California

Re: foreclosure without notice of default or notice of trustee sale

If you were not provided the required notices, you may be able to set aside the sale and obtain damages. If you fax me at 714 363 0229, all paperwork and lawsuit you have, I will provide you with free consultation and I may be able to represent you in the action.

Re: foreclosure without notice of default or notice of trustee sale

Without seeing all documentation, you may very well have a case to have the foreclosure reversed.

The answer to your second question is, "Yes, you need to be represented by an attorney!"

Since your issue is in Southern Cal, I can't help you, as I am in Nor Cal.

Re: foreclosure without notice of default or notice of trustee sale

One reason for using an attorney is that an attorney can file a Notice of Pendency of Action (lis pendens), an official recorded notice that a property is affected by litigation. This is a strong deterrent to further alienation of interests in the property while the court sorts out the litigation. In pro. per. plaintiffs cannot file and record a lis pendens without prior approval of a judge, which may be time consuming or difficult.

Another reason is that a real estate attorney is more likely to know the proper procedure for receiving a Notice of Default. When a party entitled to a Notice of Default moves, it is often necessary to record a new Request for Notice of Default at the recorder's office. If you or someone affected (a co-owner, loan beneficiary or trustee, etc.) once had an Iowa address, that could explain why the N/D was sent there.

A final observation is that you say the property is (or was) owned by your wife. Unless you also have some interest in it, e.g. community property, you may lack standing to sue and in that case some smart lawyer on the other side will notice this and file a motion to have your suit dismissed.