Legal Question in Real Estate Law in California

Foreclosure

We have received a letter from our lender that states the sale date. How would I know whether the lender used judicial or non-judicial foreclosure and is there any protection from back payments, back taxes.


Asked on 12/29/08, 9:11 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Foreclosure

If it were a judicial foreclosure, you would have received a summons and complaint via a process server, and a court case would have been started. If you have no knowledge or suspicion that there has been any court activity, it's probably a foreclosure by trustee's sale under a power of sale in the deed of trust. Mentions of a trustee's sale would indicate that as well.

When there is a trustee's sale, if the proceeds of sale don't cover the costs of sale and all the liens, you are free from worries about the foreclosing lender, but any other lienholder that doesn't get paid off because the sale didn't fetch enough money will be free to nip at your heels as a now-unsecured general creditor.

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Answered on 12/30/08, 12:19 am


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