Legal Question in Real Estate Law in California

Hi

My loan was transfered, refianced and then transfered again to another lender. At this point the orginal lender sent me a trustee sale notice, but I never got an NOD? Really the orginal lender does not own the loan....so as a non-attorney how do I stop the trustee sale?


Asked on 2/24/10, 6:26 pm

1 Answer from Attorneys

The first thing you need to do is make sure your loan was actually sold. It may have only been transferred between servicing agents, while ownershiip has remained in the original lender. You need to look in the county recorder's office to see if the an assignment of the deed of trust has been recorded. If not, the original lender still owns the loan. If that is the case, you have not provided any facts or circumstances that would allow you to stop the sale other than curing the default, or hiring a lawyer to file an action to stop it based on the failure to serve the NOD. Of course proving you were never served an NOD is really hard, considering there is a presumtion that a declaration of giving the notice is presumed true.

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Answered on 3/01/10, 7:26 pm


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