Legal Question in Real Estate Law in California
The HOA foreclosed on my 2nd home (rental property) for unpaid dues in June 2013, however I was unaware (I never received notice), and apparently so was my mortgage lender, since they approved a loan modification for me in August 2013 and the title report said that I was still the sole owner of record. I have been making payments on this loan modification since August 2013, just to find out now that the HOA has actually owned it since June 2013, my 90 right of redemption is gone, and the HOA has now asked my renters to move out (which is how I just found out).
What are my rights, and what is the most prudent course of action?
Is there any hope for me to get my house back?
Thanks for any help.
2 Answers from Attorneys
Your only hope is to see a local lawyer in person and go over all the facts and details with them.
You didn't provide a Zip code, so there's no way for the LawGuru lawyers to tell which of us might be "local" enough to provide effective assistance. If you are in Northern Calif. and even better in the North Bay area, I could be of assistance.
The law requires any party intending to foreclose on real property in California to give several months' prior notice via a written Notice of Default, followed closer to the actual sale date by a written Notice of Sale." These notices are sent to the property owner by certified mail, usually at the property address. In addition, the notices must be sent to any other address of any party that has filed a request to be notified with the County Recorder.
I'd guess that the fault her lies mainly with the tenants, who presumably received the notices and didn't advise you, and perhaps partly with you, for failing to file a request for notice at your home address.
It's also possible that your lender may be partly or completely responsible for the lack of notice, if they had actual or constructive notice of your true home address.
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