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Tricks to mess up eviction ???

August 02, 2013 10:24PM
Hello, how are you?

I have won an auction for a property located in northern California last week. I am in the middle of eviction.

Got my Trustee Deed Upon Sale and recorded it immediately in 7/31. Funny thing is, when I did a random title search on previous owners' names while I was in the county building recording my Trustee Deed, I found out that the previous owners had recorded a Quit Claim Deed in 7/30, a day earlier than I recorded my Trustee Deed. The Quit Claim Deed basically states that the previous owners sold 20% interest of that Deed of Trust (which was auctioned last week and I am the winner) to a third person. I Googled that third person. His name is all over Google results. His main job is to help homeowners sue banks.


Here are my questions:

(1) Previous homeowners' Quit Claim Deed was recorded in 7/30. Even though my Trustee Deed Upon Sale was recorded in 7/31, a day later, but according to California Civil Code 2924(h)(c), my Trustee Deed shall be deemed perfected as of 8 a.m. on the actual date of sale if the trustee's deed is recorded within 15 calendar days after the sale. So, my Trustee Deed still has senority over their Quit Claim Deed. Is that correct?

(2) The home owners are extremely experienced in RE foreclosure issues as they had three of their properties auctioned off already in last 2 years. Also, that third party guy in the Quit Claim Deed is an expert of suing bank and overthrowing auction results. It seems pretty dumb for an foreclosure expert spending money to purchase 20% of a Deed of Trust which had been auctioned off a week ago. And it seems even more stupid for the experienced home owners to spend $900 to record that Quit Claim Deed a week after the auction. Had they recorded that Quit Claim Deed before the auction, it would have been fatal to me. Are they playing some tricks which I don't understand at all?

Any experts in there, please help me understand this situation. Your help would be greatly appreciated.

Have a nice weekend!
Subject Author Views Posted

Tricks to mess up eviction ???

RealAuc 4115 August 02, 2013 10:24PM

Faulty Foreclosure

Scott 2690 August 04, 2013 11:40AM

Re: Faulty Foreclosure

mikebick 2551 August 06, 2013 10:00AM

Re: Faulty Foreclosure

Scott 2482 August 07, 2013 08:54AM

Re: Tricks to mess up eviction ???

Dave 2490 August 14, 2013 07:42AM



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