Legal Question in Real Estate Law in California

On a property in SoCal, the 1st lien is foreclosing (Trustee's sale date 3/11/11) but hasn't informed the junior lien. I believe they must inform all liens recorded subsequent to their own within 30 days of recording the NOD.

Since this does not appear to have happened, can the foreclosure be delayed to give time to the junior lien holder to decide whether or not to redeem? If so, what must occur to postpone the auction?

Property's value about $300k. 1st lien $185k; 2nd is $450k


Asked on 3/06/11, 4:23 pm

1 Answer from Attorneys

Failure to give proper notices to junior lein holders is proper grounds to stay a foreclosure sale. What must be done is the junior lein holder must file an action to stay the sale. The borrower does not have standing to file on those grounds.

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Answered on 3/07/11, 9:34 am


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