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Re: The OP asked a good question

January 20, 2012 08:35AM
Sorry for the gender slip. I actually thought I knew which Lin you were (first name), a Socal investor, and she's a she. :)

Garn St. Germain gives no exemption for transfers occurring at trustee's sale. Neither a lender getting it back nor buying as a third party at sale are exempted from DOS.

Rick's idea of using a 3rd party collection service may or not get you on the right track with the lender, but it's worth a try. As I mentioned, Civil Code doesn't provide for any rights or guidelines when it comes to communicating with the new owner after foreclosure sale. If you take a break from payments and go into default, then you can then assert your CA right of reinstatement. Again, the lender can call the loan due at anytime. Definitely something to plan for. Your plan of going in and making loan payments may or may not work, or may work for awhile. The lender does not have to accept monthly payments from you. Hopefully they are too busy with all their other defaulting loans to bother dealing with this one. :)

If it were me and I were planning a re-sale, whether wrap or straight sale, I'd not make any payments on the first at this time. Let escrow make the demand and get the payoff or reinstatement amount, and let escrow prepare the deed and wrap docs. You have plenty of time, assuming the loan was current when you foreclosed.
Subject Author Views Posted

Making payment on the first after TS

Lin 3369 January 19, 2012 12:59AM

Re: Making payment on the first after TS

Rick Harmon 2449 January 19, 2012 10:12AM

Re: Making payment on the first after TS

Ward-CA 2431 January 19, 2012 02:30PM

The OP asked a good question

Kristine-CA 2318 January 19, 2012 07:02PM

Re: The OP asked a good question

Rick Harmon 2379 January 19, 2012 09:13PM

Re: The OP asked a good question

Kristine-CA 2270 January 20, 2012 08:56AM

Re: The OP asked a good question

Lin 2342 January 19, 2012 09:17PM

Re: The OP asked a good question

Kristine-CA 2202 January 20, 2012 08:35AM

Re: Making payment on the first after TS

Dond 2224 January 20, 2012 08:37AM

K.i.s.s.

Island Time 2466 January 20, 2012 11:39PM



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