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CA - Recission of Trustees Deed

January 04, 2012 08:32PM
Hello,

In CA, we purchased a property a week before Christmas.

Received and recorded the Trustees Deed.

Just got a call from the Trustee that the Bank says they made a mistake and should not have gone to sale as they had agreed with the Trustor to a loan Modification.

Does anyone have any RECENT experience in the recission of a TDUS by the Trustee after the TDUS has been recorded?

We had a year and a half battle in the past for a property where the former Trustor claimed wrongful foreclosure.

When we asked the Trustee on what authority they would rescind they stated the following case law

Residential Capital v CWR
Bank of America v La Jolla Group
Pro Value Properties v Quality Loan re interest rate

Looks like, I will be re-reading 2924 tonight ... as well as some case law ... although I believe some of the cases above deal with a situation where the TDUS was not yet issued.

We would at minimum want our costs back, including the points we paid for the funds used. Would prefer that they allow us to keep the property and suggested that if the Bank messed up, perhaps we could sell to the former Trustor and the Bank do the refi for him ...

Any insightful inputs would be appreciated.

Thank you,
Lughead
Subject Author Views Posted

CA - Recission of Trustees Deed

Lughead 3519 January 04, 2012 08:32PM

Re: CA - Recission of Trustees Deed

socalrealestate 2415 January 06, 2012 03:27PM

Re: CA - Recission of Trustees Deed

GJ 2313 January 15, 2012 10:16AM



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