Legal Question in Real Estate Law in California

i received a trustee notice on 12/08 then i made 3 out of 4 payments then i talked to a person about doing financials in 7/09 then my grandmother got sick and my house wnet to the trustee sale on9/09 back to the bank no letter or phone call nothing can i get my house back


Asked on 9/29/09, 5:43 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What kind of trustee notice? The usual notices in the foreclosure process are a Notice of Default, a Notice of Trustee's Sale, and frequently, a Notice of Substitution of Trustee, but only the first two are necessary. Common practice is to send such notices by both regular mail and certified-return receipt mail at the same time. The Notice of Default is usually sent at least four months before the foreclosure, sometimes more. The Notice of Trustee Sale more like four to six weeks before the sale.

Part payments after a Notice of Default do not reinstate you.

Can you get your house back? Only if you can prove some irregularity in the notice and sale procedures. Well, the bank would probably sell it back to you, but you'd have to come up with the full asking price. There is no right of redemption after the trustee's sale. The buyer, whether it be the lender or a stranger, gets good title.

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Answered on 9/29/09, 6:18 pm


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