Legal Question in Real Estate Law in California

property about to be foreclosed on. In four days will go to auction. Mortgage holder died five days ago. Had been working with the lender and attorney on East Coast who had not done much. She has a prospective buyer for a short sale and buyer is in no hurry to occupy. His widow needs time to find will and move out. Can she file an Estoppel Certificate to stop auction to gain a minimum of 30 days? Who does she file it with?


Asked on 10/20/12, 3:41 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Is this in California? You make it seem that the property is being foreclosed elsewhere, and use the term mortgage, which we don't use in California. The mortgage holder would be the person who is foreclosing, not the person who is being foreclosed on. If this is an out of state foreclosure, you need to post in the state where the property is located.

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Answered on 10/22/12, 11:01 am


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