Legal Question in Real Estate Law in California

The trustee firm that handled the lien sale of my property has clearly violated California Civil Code 2924j/k in the distribution of excess funds ans I have the documentation to prove it. With whom do I file a complaint? District Attorney? Attorney General? What agency licenses trustee firms?


Asked on 8/27/10, 5:44 pm

2 Answers from Attorneys

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

Although some persons or firms acting as trustees may have professional licenses, there is no license (that I know of, anyway) required to act as a foreclosure trustee.

The next step here may depend upon whether your interest in the matter is as a victim or as a bystander. As a "real party in interest" you would have standing to sue. If you were not one of the persons entitled to be paid from the proceeds of sale, you might need to contact the actual victims, or perhaps the police or district attorney if the matter might be criminal.

Since it was a sale of your property, and distribution of the proceeds to junior creditors or to yourself as the holder of the residual interest would be of direct concern to you, seems to me you would qualify to bring a civil action for damages, and perhaps you could be entitled to punitive damages.

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Answered on 9/01/10, 5:58 pm
Anthony Roach Law Office of Anthony A. Roach

An attorney is going to have to review your matter. Normally when a foreclosure sale occurs, and there is a dispute over excess funds, the trustee files what is known as an interpleader action, and the disputing claimants are left to fight over the proceeds.

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Answered on 9/01/10, 7:44 pm


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