Legal Question in Real Estate Law in California

If there is a "notice of default" followed by "notice of trustees sale" posted on the county recorder's site, what does it mean if there is an "assignment of deed trust" and "trustees deed" posted 2 months later?


Asked on 8/27/11, 9:20 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

They mean that the lender initially gave notice that the borrower was behind in payment and if they were not made it would foreclose on the property. It was then set for a public sale where it was purchased [probably by the lender] and the legal title to the property was then transferred transferred to the lender or whom ever was the high bidder at the sale, and then the property appears to have been sold to another entity.

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Answered on 8/27/11, 10:28 am
Anthony Roach Law Office of Anthony A. Roach

A notice of default is the mechanism used to start a nonjudicial foreclosure sale. Once three months have elapsed from the recordation of the notice of default, a notice of sale is recorded. That provides the date and place of the trustee's sale under a deed of trust. An assignment of a deed of trust is the document recorded when one lender transfers its interest in the recorded deed of trust to another lender. The trustee's deed, usually titled a "trustee's deed upon sale" is the document used to transfer title once the trustee's sale is held, either to the highest bidder at the sale, or the foreclosing lender who makes a credit bid.

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Answered on 8/27/11, 3:51 pm


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