Legal Question in Real Estate Law in California
Re Trustee sale, assuming there is clear evidence of fraudunlent acts in fulfilling requirements leading to it.
***Can the trustee's sale riddled with fraudulent maneuver be challenged to be set aside after 30 days.
The term "privileged transaction" may not be appropriate legal term but the term "privileged communicaction" is specified in the California statute with regards to requirements for Trustee sale,
***If a criminal usurp the role of a trustee fraudulently and conducted a non judicial foreclosure, given that the fraud can be proven, does it mean that the home owner is out of luck afer 30 days if not set aside.?
2 Answers from Attorneys
I don't know where you are getting the 30 days from. What is relevant is whether the allegedly fraudulent acts you complain of go to the heart of the regulatory scheme governing trustee's sales, and whether there was a bona fide purchaser (BFP) at the foreclosure sale. You can't set aside a trustee's sale after the fact if the property was purchased by a BFP.
A determination of whether there is fraud in a transaction, the nature and effect of the fraud, and the consequences for a bona fide purchaser (and the other parties) is highly technical and requires careful scrutiny by an attorney with strong knowledge and experience in prosecuting and/or defending civil fraud cases. For example, is the alleged fraud "fraud in the inducement" or "fraud in the factum"? Is the transaction void or merely voidable? Who is a bona fide purchaser? Diagnosing and treating fraud is not much less technical than diagnosing and treating a heart attack. It's easy to sense that something is wrong, but difficult to get an accurate diagnosis and prescribe and administer the proper treatment.
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