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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Power of Attorney / Notice Posted by Eric - CA on August 04, 2001 at 9:11 AM In Reply to: Re: Power of Attorney / Notice posted by Ward-CA- on August 02, 2001 at 9:50 PM As a reply to a) The purchase back in the 70s was made to a man and woman, both listed as unmarried. Then two years later, the man deeded his interest to the now married woman. So now there appears to be only one owner. I subsequently checked all records from 1970-2001 and noted no other title changes. Yes, I am assuming that since the person granted the POA has the same last name as the woman owner, that she is a daughter, but you are right, I have no real idea. I saw that it was sent to an address, but yes it very well could have been sent to a laundry list of others not noted on the filing. It appears that the worst that could happen then is that I give the property back and I get my money back. Do I get interest? Thanks again. : : Eric, congratulations at getting down to the county recorder’s office. : You state that the property you’re interested in only has a 1st trust deed against it. How do you know that without researching the title? Who signed that trust deed? Was it just the father or was it the father and mother? You mention that you found a power of attorney (POA) from the owner (just one person?) to a person you hypothesize as the owner(s)’s daughter? Why do you think that? Just because it’s a woman’s first name and the same surname as the “father”?? Couldn’t that POA have been granted by the guy to his wife, instead of some daughter? Isn’t the grantee’s name on the POA the same as the wife’s name on the 1st trust deed?? I’d almost bet it is. : a). How do you know, just from the public record, who the Notice of Default (NOD) and the NOTS (Notice of Trustee’s Sale) was sent to? There’s no way you could know the list of people who got a copy of the NOD and a copy of the NOTS from anything in the public record. : If the defaulting owner in a foreclosure was not properly notified of the upcoming trustee’s sale by the trustee, and as a consequence lost title to her property, she would be entitled to have the sale canceled if (1) she could prove that the mistake actually occurred AND (2) she had the wherewithal and intent to cure the defaulted lien before the sale. If not, then the sale would stand since the outcome wasn’t changed for lack of notice. If the sale was reversed then the winning bidder would just get their winning bid back. : b). In the case of indolent heirs apparent, the foreclosing trustee is obliged by the Civil Code (Section 2924) to send his required notices to the owner at her last known address or to any executor or administrator of her estate if the trustee is aware of the existence of an ongoing probate of the property, no matter how he found out about it. : By the way, there aren’t any books on foreclosure investing that get into the details of title record searching. To do that you must find a book specifically written on the topic of title record searching. At the web site www.titlesearch.org they advertise a $200.00 book on title searching, but I’m a little leery about whether or not it’s any good. If they had a money back guarantee I’d feel better about it. One thing you might try is to ask your title company contact if his company has any training books on the topic. : : As always Eric, good luck. Follow Ups: Re: Power of Attorney / Notice David Johns 5:06 PM, 10/21/01 (0) Post a Followup: Name : E-Mail : Subject : Comments: : As a reply to a) : The purchase back in the 70s was made to a man and woman, both listed as unmarried. Then two years later, the man deeded his interest to the now married woman. So now there appears to be only one owner. I subsequently checked all records from 1970-2001 and noted no other title changes. : Yes, I am assuming that since the person granted the POA has the same last name as the woman owner, that she is a daughter, but you are right, I have no real idea. : I saw that it was sent to an address, but yes it very well could have been sent to a laundry list of others not noted on the filing. : It appears that the worst that could happen then is that I give the property back and I get my money back. Do I get interest? : Thanks again. : : : : Eric, congratulations at getting down to the county recorder’s office. : : You state that the property you’re interested in only has a 1st trust deed against it. How do you know that without researching the title? Who signed that trust deed? Was it just the father or was it the father and mother? You mention that you found a power of attorney (POA) from the owner (just one person?) to a person you hypothesize as the owner(s)’s daughter? Why do you think that? Just because it’s a woman’s first name and the same surname as the “father”?? Couldn’t that POA have been granted by the guy to his wife, instead of some daughter? Isn’t the grantee’s name on the POA the same as the wife’s name on the 1st trust deed?? I’d almost bet it is. : : a). How do you know, just from the public record, who the Notice of Default (NOD) and the NOTS (Notice of Trustee’s Sale) was sent to? There’s no way you could know the list of people who got a copy of the NOD and a copy of the NOTS from anything in the public record. : : If the defaulting owner in a foreclosure was not properly notified of the upcoming trustee’s sale by the trustee, and as a consequence lost title to her property, she would be entitled to have the sale canceled if (1) she could prove that the mistake actually occurred AND (2) she had the wherewithal and intent to cure the defaulted lien before the sale. If not, then the sale would stand since the outcome wasn’t changed for lack of notice. If the sale was reversed then the winning bidder would just get their winning bid back. : : b). In the case of indolent heirs apparent, the foreclosing trustee is obliged by the Civil Code (Section 2924) to send his required notices to the owner at her last known address or to any executor or administrator of her estate if the trustee is aware of the existence of an ongoing probate of the property, no matter how he found out about it. : : By the way, there aren’t any books on foreclosure investing that get into the details of title record searching. To do that you must find a book specifically written on the topic of title record searching. At the web site www.titlesearch.org they advertise a $200.00 book on title searching, but I’m a little leery about whether or not it’s any good. If they had a money back guarantee I’d feel better about it. One thing you might try is to ask your title company contact if his company has any training books on the topic. : : : : As always Eric, good luck. 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