Re: Recission of Trustees Deed for "Moral Reasons"

BTW, I'm not suggestion suing, I'm suggesting threatening. And, depending on values here, maybe going as far as filing the complaint. Big difference in intent and costs. If you go forward as if you believe the trustee' sale is final, I think there is settlement money in this situation. Without knowing property values and, etc., I was thinking like 20-30K as a settlement to not suing for quiet title. You don't lose much by trying to settle if you were already planning to accept the rescission anyway. If you already provided costs to the lender's lawyer though, you've started the slippery slope that is them thinking they are in the right and there is no fight.

The case law I'm referring to, and I'll have to find it, upheld a rescission in a case where the borrower tried to reinstate the loan at a BofA branch the day before the sale, but the sale was held anyway. The case came down to noticing issues and the courts found that buyers at trustee's sale could not rely on the noticing. I think I can find it easily enough.