Legal Question in Real Estate Law in California
I live in ca. I was quit claimed to my husbands condo that I just found out was sold in foreclosure. I was never served anything, do I have any legal rights? ThankYou
2 Answers from Attorneys
IF, IF, you properly and timely recorded a valid deed prior to the default and foreclosure, you would then be 'on the record' as a title holder, and should have been provided notice of default and foreclosure. If you didn't record it, too bad for you. If it was properly recorded, then you could investigate to find if they sent you notice as required, which you apparently claim you didn't get. You may have some rights to try to set aside the foreclosure if improperly done. You would do so through appropriate legal filing and motions. Only if there was positive equity in the property would it be worth you spending the money to do all this. That is unlikely, or it wouldn't have been allowed into default. He could have sold it to recover the equity. The property likely sold for less than the existing mortgage and lien obligations. However, if there was equity recovered in the sale, and paid over to your ex, then you might consider hiring counsel to go after that equity payment before it is all spent. If serious about doing that, feel free to contact me.
I assume it was quitclaimed to you before the foreclosure sale. A trustee conducting a foreclosure sale is supposed to determine the status of ownership as reflected in the public records prior to conducting the sale. However, if the public records did not show you as the owner, and with a correct address, either no notice would have been sent, or it would have been sent to the wrong address. The foreclosing lender and its trustee are not responsible for notifying owners or others whose interest in the property is not accurately shown in the public records and who do not reside at the property.
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