Legal Question in Real Estate Law in California

Re: Notice of trustee sale

This is all so irregular I have to wonder if you misunderstand what you're being told, or if someone is lying to you. If all these facts are accurate, and there is no essential fact omitted, someone has acted illegally.

One possibility is that the bank's foreclosure service has confused your property with someone else's. Another is that your real estate agent is trying to cover up his mistake. It's hard to believe that a bank or other major institutional lender would deliberately do this; the penalties are too harsh.

My advice, aside from getting a local lawyer to assist you, is to ask the lender to postpone the trustee sale and to give you a written explanation for what they've done (trespass). If the deal in escrow would give them a better result than a foreclosure, the lender might play ball with you. On the other hand, escrows are crumbling right and left these days, with foreclosed homes looking like real bargains to many buyers.

If you discover that anyone is trying to pull a fast one, a lawyer could perhaps get a temporary restraining order to order the lender and trustee not to sell until the possible fraud or other mischief can be investigated and, if necessary, the defendant wrongdoers brought to trial.

My hunch is that someone has made a mistake - either the lender's agents went after the wrong property. or you are getting bad information about the status and process of your foreclosure, the escrow, or something. I'd bet against intentional wrongdoing, especially by the lender or trustee, but that is also a possibility, especially if the lender is an amateur or a shark.

Re: Notice of trustee sale

Sure you do. Call me if you want to tomorrow for a brief brainstorming session.