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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Am I missing something here? Posted by Dan on April 12, 2008 at 9:49 AM In Reply to: Am I missing something here? posted by Rick, the Probate Guy on April 12, 2008 at 8:44 AM Thanks for the response. Let me attempt to clarify as I have spent numerous hours researching this deal. It is a pre probate foreclosure. Heirs do not have the money to get it out of foreclosure. We would have taken it through the probate process as the heirs were willing to work with us, ( double probate... long story ) however there is a Med Cal claim that is 16 years old, calculated current with 10% annual interest rate kills the equity of the deal. Thus, we decided to bid on the property at the trustee sale since the medi cal claim ( only lien ) is recorded after the Sr. Loan in foreclosure. I have went back to FITES and came forward and there are no other transfers of grant deeds, trust deeds etc... It is actually a very clean chain compared to other deals I have worked, if there is such a thing? We have been in the property, inspected it and know exactly how much we will bid at the sale. The kicker is we have a neighbor 2 doors down ready to purchase from us, for his son at an agreed price, considering we should be the highest bidder at the auction. The property's NOD was recorded on 1/2/2008. Thus the last week I have been looking daily for the Notice of Trustee Sale since 3 months have passed of the initial recording of the NOD. That is why when I saw a Trustees Deed on the Grantee / Grantor index it put me on antoher trail. Here is why I have determined I know what document I am looking at is the document I am looking for. 1) I saw that The Trustee's Deed recorded is an actual notice of Trustee sale for the subject property. It is a notice of sale recorded under the county coding of a trustee's deed. All specifics ( APN,Name,Loan #, Loan Date etc ) check out to tell me this is the property I have been tracking. Sale is on Apr 24. 2) When you look at the cross reference on the grantee / grantor index, it is quality loan services and the Trustor. That is it. There is no 3rd party such as a bank, LLC or private party name cross referenced which is what you would expect to see if the property went to auction. 3) Looked at all Notice of Trustee recordings for 2 weeks prior and current and did not find the Notice for Sale for subject property on the 24th. I did find it when I search for Trustee's deeds. I believe I have covered my bases, thus back to my original question, could this be deemed an illegal sale since the Notice of Trustee Sale was recorded as a Trustee's Deed? Am I missing something? Thanks, Dan : What makes you think that the document should be something other than what it is? Did you do a search for transfer deed that resulted in this result? : It reminds me of an old story that goes: : Bob: Hey Jim, fancy meeting you at the airport! It's been years since I've seen you. You look great, but something's different; your hair has more gray, right? : Jim: Well, maybe... : Bob: Oh, and I see that you lost a lot of weight, right? : Jim: Not really... : Bob: And Jim, that's not the woman that you were married to before, is it? : Jim: Bob, my name is not Jim... : Bob: Wow, you've even changed your name! : **** : Are you sure that you're not trying to call your document "Jim"? : Follow Ups: Re: Am I missing something here? Tom 10:40 AM, 04/12/08 (0) Re: Am I missing something here? Rick, the Probate Guy 10:07 AM, 04/12/08 (11) Re: Am I missing something here? dan 10:43 AM, 04/12/08 (10) My final attempt at getting clarity... Rick, the Probate Guy 9:28 AM, 04/13/08 (8) Re: My final attempt at getting clarity... Dan 10:50 AM, 04/13/08 (7) Someone else take a try at his logic, please (NT) Rick, the Probate Guy 1:29 PM, 04/13/08 (6) Ms. Amanpour taking over .... Lughead 8:42 PM, 04/13/08 (5) Re: Ms. Amanpour taking over .... John in SD 9:28 PM, 04/14/08 (4) Re: Ms. Amanpour taking over .... Lughead 11:16 PM, 04/14/08 (3) Re: Ms. Amanpour taking over .... Dan 8:40 AM, 04/15/08 (2) Re: Ms. Amanpour taking over .... lughead 5:08 PM, 04/15/08 (0) Any potential T/S problem due to mis-indexed doc? Rick, the Probate Guy 12:50 AM, 04/15/08 (0) Re: Am I missing something here? Tom 2:42 PM, 04/12/08 (0) Post a Followup: Name : E-Mail : Subject : Comments: : Thanks for the response. Let me attempt to clarify as I have spent numerous hours researching this deal. It is a pre probate foreclosure. Heirs do not have the money to get it out of foreclosure. We would have taken it through the probate process as the heirs were willing to work with us, ( double probate... long story ) however there is a Med Cal claim that is 16 years old, calculated current with 10% annual interest rate kills the equity of the deal. Thus, we decided to bid on the property at the trustee sale since the medi cal claim ( only lien ) is recorded after the Sr. Loan in foreclosure. I have went back to FITES and came forward and there are no other transfers of grant deeds, trust deeds etc... It is actually a very clean chain compared to other deals I have worked, if there is such a thing? We have been in the property, inspected it and know exactly how much we will bid at the sale. The kicker is we have a neighbor 2 doors down ready to purchase from us, for his son at an agreed price, considering we should be the highest bidder at the auction. The property's NOD was recorded on 1/2/2008. Thus the last week I have been looking daily for the Notice of Trustee Sale since 3 months have passed of the initial recording of the NOD. That is why when I saw a Trustees Deed on the Grantee / Grantor index it put me on antoher trail. Here is why I have determined I know what document I am looking at is the document I am looking for. : 1) I saw that The Trustee's Deed recorded is an actual notice of Trustee sale for the subject property. It is a notice of sale recorded under the county coding of a trustee's deed. All specifics ( APN,Name,Loan #, Loan Date etc ) check out to tell me this is the property I have been tracking. Sale is on Apr 24. : 2) When you look at the cross reference on the grantee / grantor index, it is quality loan services and the Trustor. That is it. There is no 3rd party such as a bank, LLC or private party name cross referenced which is what you would expect to see if the property went to auction. : 3) Looked at all Notice of Trustee recordings for 2 weeks prior and current and did not find the Notice for Sale for subject property on the 24th. I did find it when I search for Trustee's deeds. : I believe I have covered my bases, thus back to my original question, could this be deemed an illegal sale since the Notice of Trustee Sale was recorded as a Trustee's Deed? Am I missing something? : Thanks, : Dan : : : What makes you think that the document should be something other than what it is? Did you do a search for transfer deed that resulted in this result? : : It reminds me of an old story that goes: : : Bob: Hey Jim, fancy meeting you at the airport! It's been years since I've seen you. You look great, but something's different; your hair has more gray, right? : : Jim: Well, maybe... : : Bob: Oh, and I see that you lost a lot of weight, right? : : Jim: Not really... : : Bob: And Jim, that's not the woman that you were married to before, is it? : : Jim: Bob, my name is not Jim... : : Bob: Wow, you've even changed your name! : : **** : : Are you sure that you're not trying to call your document "Jim"? : : [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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