Legal Question in Real Estate Law in California
As a nervous tenant going through foreclosure i am not familiar with how many ways the owner can use to postpone the sale date for 30 days or more.in question: i follow the posting and see reasons other properties are postponed, common are, bankruptcy, mutual agreement, paid up to date... not that i've seen, so far , our property is the only one reason states "temp.restraining order", "order of the law". and next sale date. since the 1st sale date nov.2011 to current feb.2012, the same reason has been "t.r.o.". can't the owners file more than 30 days at a time? is there a max. a "t.r.o." can postpone the sale under these circumstances?
your knowledge and time is appreciated. if you can enlighten me with where to find more info that i can make sense of directions on where to go is welcomed, thx k.s.
2 Answers from Attorneys
If there is a temporary restraining order against the foreclosure, the owner/landlord is evidently involved in a lawsuit with the lender (or something of this sort involving title to the property). You may be able to get some information about the case on line. The Los Angeles County Superior Court Web site may allow you access sufficient to find out a lot more about what's going on, possibly for a modest fee. If you have any trouble, send me all the information you have about the landlord and lender and I'll try to see why there are TROs and what the case or dispute is all about. If this goes to trial, it may be a year or more before the matter is resolved and a foreclosure can proceed (or not).
There is no fixed time, such as thirty days, governing postponement of a trustee's sale. Postponements of trustee's sales are governed by Civil Code section 2924g, subdivision c. The trustee may postpone the sale upon instructions from the beneficiary under a deed of trust. Postponement is mandatory if court ordered, and the length of the postponement depends on the terms of the court order.
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