Legal Question in Real Estate Law in California
real estate
My home was sold by mistake in a trustee sale. Countrywide failed to notify certain parties to prevent the sale based on reinstating the loan a day earlier. I had the house on the market at the time so my intent was to sell the house.The third party does not want to give the home back unless specific damages are paid. I want a settlement for the home and my lost equity and compensation for my possesions. Is this feasible?
5 Answers from Attorneys
Re: real estate
As I understand it, you cannot reinstate youself a day before a properly-noticed and otherwise valid trustee sale; it must be done at least five (5) business days before. This is based upon my recollection of the interpretation of Civil Code section 2924c, subdivision (e), which reads:
"(e) Reinstatement of a monetary default under the terms of any obligation secured by a deed of trust, or mortgage may be made at any time within the period commencing with the date of recordation of the notice of default until five business days prior to the date of sale set forth in the initial recorded notice of sale."
If the sale is postponed, the reinstatement period is extended, but remains five business days before the sale. Business days may include Saturdays under one possible reading of the law; this has not been tested in an appellate court.
Re: real estate
If negligence was the cause of your loss of the house, then you may seek monetary damages against the tortfeasor. Recovering the property from a good faith purchaser may be possible. Contact me directly.
Re: real estate
It appears you may have a claims against Countrywide and/or the foreclosure trustee. This is not something you should ignore and should seek legal
counsel as soon as possible. You may contact our office.
Re: real estate
I am sorry to hear the about your experience.
I have experience protecting homeowners from these type of abuses and asserting their rights under federal and state law.
I would be willing to discuss some of the issues concerning your experience to see if there may be legal justification to pursue your case.
I offer prospective clients an initial consultation of 30 minutes for free.
I look forward to speaking with you.
Yours truly,
Bryan
Bryan C. Becker, Esq.
Principal
Law Office of Bryan C. Becker
The Koll Center
501 W. Broadway, Suite 800
San Diego, CA 92101
Toll Free: 877*201*8728
Direct: 619*400*4929
Fax: 619*400*4810
Member, National Association of Consumer Advocates
www.naca.net
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