Legal Question in Real Estate Law in California

If you and your mother were co-owners before the loan that's being foreclosed was taken out and recorded, the lender probably doesn't have a security interest in your interest in the home, and can only sell your mother's half interest.

Most lenders, however, are pretty careful not to end up holding a half interest in a house as collateral for a relatively large loan. Half interests with strangers in single-family houses are poor collateral. So, a lawyer would need to examine the note and deed of trust, and the deed or deeds under which your mother and you acquired ownership, to determine whether the collateral consists of a half interest or the whole house.

Stopping the sale may require only pointing out to the lender or trustee that it doesn't have a lien on the entire property (if that's the case), or it may require filing a lawsuit and then asking the court to issue a temporary restraining order blocking the foreclosure sale.

I am going to be unavailable to take on additional work until June 28th. When is the sale date? If it's after, say, July 11th, I could give you a free evaluation if you place ALL the papers in my hands by emailing or FAXing copies to my office on or before 6/28. That would include copies of the deed(s) (from the County Recorder) by which each of you, or both of you, acquired your interest in the property; all recorded deeds of trust on the house, and any correspondence from the lender including the Notice of Default and, if any, the Notice of Sale. [email protected] or (707) 878-2237.

If you and your mother held title to the property, which she then encumbered, then the deed of trust only attached to her interest. The fact that you did not sign the loan papers would not prevent foreclosure, however, and would cause you to be a tenant in common with either the foreclosing lender, or the person purchasing at the trustee's sale.