Legal Question in Real Estate Law in California

Re: foreclosure and sale

If you were on title (a more accurate statement that "on the deed"), you should have been notified of the default and of the sale, but there are limits to the extent of the effort a foreclosure trustee or beneficiary must make to find missing co-owners. Nevertheless, we find in a lot of cases the trustee has not made a sufficient effort to notify all owners. Other problems with the sale might also be present, including forged deeds.

A major issue here would be whether the mortgage that was foreclosed is senior or junior to your interest in the property. If you were a party to the loan that was foreclosed, your rights are somewhat less than if the loan was taken out and recorded after your divorce.

Another question is exactly what your divorce decree says. I'm sure it makes provision for division of property, but it's usually up to the divorcing couple, not the judge or court, to put the provisions of the decree into effect.

My advice would be to see if an attorney in your area that practices family law would give you a free initial consultation on the foreclosure, the divorce decree, and your rights. I would do so without delay. Probably look for a lawyer other than those who have advised you in the past, so as to get an unbiased viewpoint.