Legal Question in Real Estate Law in California

Re: sale of home

This is a very sad tale and illustrates the necessity for getting everything in writing so you don't later on have to rely upon "they told me....." either in an after-the-fact complaint over the phone, or in a lawsuit.

As I understand it, Civil Code section 2924c, subsection (e), requires that a reinstatement payment be made at least five (5) business days prior to the originally-noticed sale date, or if the sale is postponed, the at least five (5) business days before the rescheduled sale. An oral promise to give you until the day before may or may not be binding, I don't know; but unless you could prove that promise to the satisfaction of a judge or jury, you might as well not bother bringing suit to void the trustee sale.

As to whether you got a three-day notice or not, the new owner can always just give you another and start the process all over, so even if you could prove lack of notice at the UD trial, you haven't bought much time.

Maybe you should take some of that money you were going to use to reinstate your loan, and use it to pay a local real-estate lawyer with foreclosure experience to review all your documentation and see if anything can be done at this stage.

Re: sale of home

Your situation and circumstances are quite common. I hear a similar story at least once a week. It is well known that most loan companies engage in somewhat deceptive tactics in order to foreclose the title out from beneath someone. I am sure that what the loan company told you has been told to several others, and it would not be too difficult to find out the names of other people this loan company has foreclosed upon. Contrary to popular opinion, it is often possible to set aside a foreclosure sale after the fact, especially if there has been some fraud or deception involved in the process. I have assisted several clients in setting aside the foreclosure of their home. However, it is imperative you act quickly. Once title begins to change hands, which can happen several times in a matter of weeks, it could become very diffficult, if not impossible, to set aside a foreclosure sale. The eviction process may be stopped as well, but only if you act quickly.