Legal Question in Real Estate Law in California

my parents own there home yet it was sold at a trustee sale county recorder shows full reconveyance on property? Next question is who exactly do we sue and anyone interested in reprsentation on contingency basis?


Asked on 12/04/09, 2:34 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I might do this on a contingency basis if the property were in Northern California, but it looks from the Zip code given that it isn't. The first step would be an investigation of the public records including the full reconveyance, notice of default and notice of sale, to see the sequence of recording, whether each was properly indexed, to verify that they refer to the same parcel, and so forth. Someone has made a serious mistake, but in addition to the foreclosing lender and its trustee, we would have to look for a possible failure to record, erroneous indexing at the recorder's office, the possibility that there were more than one lien, and the like.

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Answered on 12/09/09, 10:47 am

Although I am located in Northern California, I handle cases throughout the state. Unfortunately you will have a hard time finding someone to take this on straight contingency because there may be no money damages from the case. Your parents may just get their house back, which wouldn't generate a fund to take a contingency from. I do, however, also do hybrid lower-hourly/contingency representations. Perhaps we could make an arrangement of that kind. In any case, I'd be happy to talk to you more about the case and what your options are at no cost. You don't give much in the way of facts, and I'm sure I could at least help you move in the right direction. Feel free to give me a call, or email me with a number at which I can call you.

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Answered on 12/09/09, 10:57 am
Terry A. Nelson Nelson & Lawless

You have used a couple mutually contradictory terms. Absent fraud, a sale can't occur unless the lender claims a loan was in default, and provides multiple notices and warnings to the owner prior to sale. First, you need to obtain all documents regarding the loan, default, foreclosure and sale, so someone can determine what actually happened and why. Get copies of all documents from the lender[s], foreclosure company, title company, escrow company, court, county recorder, etc. IF the foreclosure and sale can somehow be shown to be in error or fraudulent, then there will be grounds to redeem the property, set aside the sale, sue people, etc. Once you have the documents, feel free to contact me. We can then discuss what remedies exist and what basis of fees is appropriate.

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Answered on 12/09/09, 3:26 pm


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