Legal Question in Real Estate Law in California
if a home has gone through foreclose and sold, is there any legal recourse i can take to get it back? Homestead?
3 Answers from Attorneys
Depending upon what process and rules the foreclosure followed, you may have a right of redemption, meaning that if you can pay off in full the entire mortgage balance due, plus all the foreclosure costs incurred by the lender, it could be yours once again. Obviously, if you could have done that, there would have been no foreclosure. If you've come into independent wealth, lotto winnings , inheritance, and the house is worth more than the payoff amounts, then go make the offer to the lender.
You only have a right of redemption if the house was foreclosed by a court proceeding, not if it was the standard trustee's auction. You lose the right to redeem ten days before a trustee's sale. Homestead has no bearing whatsoever on foreclosures. It only protects equity in the case of a judgment creditor siezing and selling the property to satisfy a judgment.
You would have to show some sort of malfunction in the process of the trustee's nonjudicial foreclosure sale, and file an action to set it aside. They are very rare. Mr. McCormick is correct, a homestead is not going to do anything for you.
You would only have a right of redemption surviving if a judicial foreclosure sale was held. But you would be aware of that from the lawsuit. So I assume you lost the property through a "nonjudicial" trustee's sale.