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?


Asked on 8/04/07, 9:57 am

2 Answers from Attorneys

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

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.

Read more
Answered on 8/06/07, 10:35 am
Judith Deming Deming & Associates

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.

Read more
Answered on 8/06/07, 12:52 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Connecticut