Legal Question in Real Estate Law in California

While issues such as MERS, and "robo-signers," will provide for interesting legal arguments for future cases, the time to stop a non-judicial foreclosure is before it happens. Usually after the sale you are out of luck. I would not take your money to try and get it back, and I recommend that you do not pay any attorney to try and get it back. The odds are too long.

The right to do a non-judicial foreclosure arises out of the loan agreement; every professionally-prepared deed of trust includes a "power of sale" allowing the trustee, using statutory rules, to sell the defaulting borrower's property. Robotic signatures are sufficient if the parties to the transaction, such as a substitution of trustee, agree to do business with each other that way.

Due to the large number of foreclosures these days, and the streamlined procedures the lenders are using to cut their costs, there is a cottage industry of lawyers, accountants, real estate licensees and others, selling untested concepts for invalidating foreclosures and recovering borrowers' properties. 99% of the time, the lender is one or two steps ahead of the borrower and his advisors, and the foreclosure holds up in court. Instances where the borrower prevails and gets his property back are rare, and usually such borrowers have the funds to reinstate their loans, or even pay them off entirely.

The long and short of it is that if you don't have the money to pay the loan, or at least all the costs and arrearages, the foreclosure that already happened will be validated, or the lender will repeat the process more carefully, fixing any error made, with the same end result.

Your question is gibberish from both a legal and a land title standpoint. There is no such thing as a "privileged transaction" in deeds of trust and foreclosures. There is never any need to "justify" a non-judicial foreclosure - it is a right given to the lender in the deed of trust. And your statement of the facts regarding the signatures and recordings is in such poor grammar and syntax that I can't tell who did what or when, with anything approaching enough certainty to respond. The bottom line, however, is that after the trustee's sale you have about 30 days to set it aside. After that it is all over - no recourse whatsoever.

I agree with Mr. McCormick. I think you are reading something on the internet and thinking it gives you a free house. It doesn't.