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foreclosure v. probate

Posted by Andy on January 07, 2002 at 11:09 AM

Hi ward,
I need help making sense of the following "actual" scenario. The facts are:
Property location: Southern California
Lien facts (in order of priority):
1st TD= 83,250
2nd TD= 136,000
HOA Lien= 1,317

The owner past away and the estate was in probate. The following then occurred:
April-2001: 2nd TD filed a NOD
July-2001: 2nd TD filed a NTS (sale date had numerous postponements)

November-2001: Probate sale(public auction)took place. Property was sold to "person P" for $170K. Court confirmation set for February-2002

January 2002-Foreclosure trustee holds sale (foreclosing 2TD) and sells property to 3rd party (person F)for $150K

MY questions are?
a) Who owns property
b) both "person A" and "person F" have surrendered money to various trustee's, what happens to the person and his surrendered dollars that does NOT own property?

Thanks in advance for sorting this out.
Andy



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