Legal Question in Real Estate Law in California
We are in the middle of a short sale. Indymac bank received short sale papers signed that they were in receipt. Sent an offer, signed they were in receipt. Then foreclosed. We did receive Notice of Trustee Sale. There was not a 20 day notice placed on property and they tried to change the locks 2 days after the sale. What can I do about this. Indy says they did not receive an offer but we have a signed reciewpt of the offer.
1 Answer from Attorneys
Indymac is out of control. This is the similar to what we have experienced in dealing with Indymac trying to help our clients modify their loans. They generally have a policy of refusing to do anything within 30 days of a sale date even when they are the ones who set the sale date. Other banks are much more reasonable You should consider suing them for their conduct and violating the California Civil Code sections that says they are supposed to explore other options before foreclosure which implies a good faith effort on their part which we have found lacking.
As to the notice of trustee's sale it they had previously noticed it then they do not have to give you the same notice again for a year.
As to them trying to change the locks, that is illegal if you were still in possession of the property. For them to do it they would have to file an eviction lawsuit, get a judgment for possession, and have the sheriff come out with a writ to evict you.
If you would like a free consultation please give us a call at (866) 981-1850 as this is an area we practice in.
Sorry to hear about Indymac giving you the runaround.