Legal Question in Real Estate Law in California

Re: Property sold without consent of trustees

Your note and deed of trust represent a lien on the property. Depending upon the priority of your lien and the type of foreclosure, the lien either remains in effect or is wiped out, but in either case you are entitled to be paid from any proceeds of sale left over after costs of sale and prior liens are satisfied.

Your consent as holders of a trust deed was unnecessary, but you should have received notice. The best way is to record a document entitled "Request for Notice of Default" and to re-record whenever your mailing address changes.

You should find out who conducted the sale and how the sale proceeds were applied. You should do this ASAP. I recommend using a real-estate lawyer who practices in the county where the property is located.

Re: Property sold without consent of trustees

You may have a case, but it depends upon your documents. Also, did you record a Request for Special Notice or obtain title insurance? Please contact our office for an appointment or assistance if you want.