Legal Question in Real Estate Law in Connecticut
foreclosure
According to foreclosure laws in the State of California, once the notice of trustee sale is given and the house does not sell at public aution, the property is reverted back to the beneficiary (mortgage company) for the mortgage company to sell. Is it legal for the mortgage company to keep the property in the owner's name?
2 Answers from Attorneys
Re: foreclosure
Your facts don't read correctly. If a property in foreclosure doesn't sell at the trustee sale, it doesn't "revert back" to anyone. It stays in the ownership of the trustor (borrower) with the trustee continuing to have a power of sale. At least that's the way I think it works. In order for the beneficiary to acquire legal title, it must bid at the foreclosure sale.
Re: foreclosure
How long has it been? It usually takes months before the transfer is reflected, as the trustee's deed is not recorded instantly, and when it is,it then takes awhile for the recorder to index the deed, etc. Plus, it is certainly no benefit to the lender and no harm to the borrower if still reflected in borrower's name, because any negative effect to a borrower will not go away; the fact that he was foreclosed upon will be a matter of public record always and will not go away once the trustee's deed is recorded, so I don't see why you are concerned.