Legal Question in Real Estate Law in California

You can complain to the State Bar about the false declaration of service by an attorney. I find it hard to believe that visiting the county recorder's office was how you first found out about the NOD. Usually people who get a NOD immediately get large volumes of junk mail from various types of bottom feeders. Anyway, you need to address Problem 1 which is stopping the foreclosure. Call a bankruptcy attorney right away.

I agree with Mr. Stone's assessment that it is hard to believe that the first you learned of a notice of default was when you were at the recorder's office. Regardless of whether or not he actually attempted to call you, the Notice of Default is required to be mailed to the trustor at the last known address. A trustee authorized to record a notice of default, must "Within 10 business days following recordation of the notice of default, deposit or cause to be deposited in the United States mail an envelope, sent by registered or certified mail with postage prepaid, containing a copy of the notice with the recording date shown thereon, addressed to each person whose name and address are set forth in a duly recorded request ... and to each trustor or mortgagor at his or her last known address if different than the address specified in the deed of trust or mortgage with power of sale." (Civ. Code, sect. 2924b subd. (b)(1).)

Courts have held that a failure to comply with this section is grounds to obtain an injunction stopping a trustee's sale. (Lupertino v. Carbahal (3rd Dist. 1973) 35 Cal.App.3d 742.)