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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 10:43 AM In Reply to: Re: Am I missing something here? posted by Rick, the Probate Guy on April 12, 2008 at 10:07 AM I am planning to purchase at the auction scheduled for April 24th. Yes, I am thinking that the recorder cross referenced the NTS as a Trustee's Deed. Please review my dates I put on the earlier posting. NOD was recorded on Jan 2, 2008. Trustee's Deed... Which is physicaly a Notice of Trustee Sale was recorded on April 7th. Sale date is April 24th. On a side note about the claim, not lien...sorry, I misspoke when I said lien. There was an abstract of judgement recorded 2/13/92, however after I looked at the probate file I noticed that judgement was buried in many other claims by medi Cal in the probate file. I understand medi cal is not bound to statute of limitations and more times then not will not discount the judgement. If we did go the probate route it would be a "double probate" as grandma dies, daughter made the payments for 15 years then the daughter died. Lots of attorney fees, claims etc... that is why buying at the sale with a buyer already lined up is our strategy. Thanks.... -------------------------------------------------- : I'm still at a loss. I get the pre-probate foreclosure part, as you'd imagine. : However, if the NOD was recorded 1/2/08, the absolute earliest that the sale could have occured is about 4/23/08, before adjusting for publication and noticing logistical delays. : Could the recorder cross-referenced the NTS as a Trustee's Deed in error? : Also, I'm missing the part of your strategy concerning the Medi-Cal lien. D.H.S. stopped recording involuntary liens in the mid-90's. Were you planning on bidding at the sale? Or buying from lender as REO? : Still seems to me like you're focusing too much on the NTS which can be recorded no sooner than 3 months after NOD. : From the trenches here in probate-land, RTPG reporting...and back to you, Ms. Amanpour. Follow Ups: 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: : I am planning to purchase at the auction scheduled for April 24th. Yes, I am thinking that the recorder cross referenced the NTS as a Trustee's Deed. Please review my dates I put on the earlier posting. NOD was recorded on Jan 2, 2008. Trustee's Deed... Which is physicaly a Notice of Trustee Sale was recorded on April 7th. Sale date is April 24th. : On a side note about the claim, not lien...sorry, I misspoke when I said lien. There was an abstract of judgement recorded 2/13/92, however after I looked at the probate file I noticed that judgement was buried in many other claims by medi Cal in the probate file. I understand medi cal is not bound to statute of limitations and more times then not will not discount the judgement. If we did go the probate route it would be a "double probate" as grandma dies, daughter made the payments for 15 years then the daughter died. Lots of attorney fees, claims etc... that is why buying at the sale with a buyer already lined up is our strategy. : Thanks.... : -------------------------------------------------- : : I'm still at a loss. I get the pre-probate foreclosure part, as you'd imagine. : : However, if the NOD was recorded 1/2/08, the absolute earliest that the sale could have occured is about 4/23/08, before adjusting for publication and noticing logistical delays. : : Could the recorder cross-referenced the NTS as a Trustee's Deed in error? : : Also, I'm missing the part of your strategy concerning the Medi-Cal lien. D.H.S. stopped recording involuntary liens in the mid-90's. Were you planning on bidding at the sale? Or buying from lender as REO? : : Still seems to me like you're focusing too much on the NTS which can be recorded no sooner than 3 months after NOD. : : From the trenches here in probate-land, RTPG reporting...and back to you, Ms. Amanpour. [ 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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