Legal Question in Real Estate Law in California

The process of foreclosure involves a heavy dose of notices to be given. Perhaps you are not living in the house? Not reading your mail? You may have a remedy if the lender or its trustee failed to follow California Code requirements including notice by certified mail.

If the lender and trustee followed the steps prescribed by statute, including mailing you prior notice of the intention to sell, it is very likely there is nothing you can do about it.

Unfortunately, there seems to be little communication between the bank departments that negotiate loan modifications and the departments that schedule and order foreclosures. Stories like yours are, regrettably, quite common these days.

The trustee is supposed to mail notices of the notices of default and the notice of sale to the last address actually known by the trustee. Was this done? I agree with Mr. Whipple, you are going to have to find out if proper notice was given. If it wasn't, you may have grounds to set aside the trustee's sale (foreclosure) but this may be delaying the inevitable if the bank is not agreeable to modify your loan.