Legal Question in Real Estate Law in California
They are taking my house
My wife became very ill and after taking over the bills I had missed a payment and the house had gone into foreclosure. I had not been watching the account as I should. I did not get notified of the foreclosure until I received notice that the house had been sold. The amount of money was minimal and easily could have been settled had I known about the situation. How do I get the sale reversed and settle the issue with the lender? This is an issue of my life savings being in the house.
1 Answer from Attorneys
Re: They are taking my house
In California, there is no right of redemption after a non-judicial foreclosure sale by the bank. "A properly conducted nonjudicial foreclosure sale constitutes a final adjudication of the rights of the borrower and lender ... Once the trustee's sale is completed, the trustor has no further rights of redemption." (Moeller v. Lien (2nd Dist. 1994) 25 Cal.App.4th 822, 831.)
The defense that you did not get notice is a hard sell. This means that you are going to need some really good proof that you did not get notice, like proof that the notice of default and the notice of sale were not properly addressed to get any relief. Simply saying that you did not get notice is not enough. The only way you can restore title is to show that you did not get notice, and file a quiet title/ declaratory relief action declaring the non-judicial foreclosure sale.
This is an uphill battle, similar to the events in the movie/novel "House of Sand and Fog." You should be talking to an attorney experienced in this field of law immediately. I have several recommendations, depending on where you live in California, if you desire.
Very truly yours,
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