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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: Pros Help...unusual question regarding trustee's sale Posted by Rick, the Probate Guy on May 06, 2009 at 7:23 AM In Reply to: Pros Help...unusual question regarding trustee's sale posted by miller on May 05, 2009 at 7:44 PM Claiming deficient noticing is about the oldest trick in the book for foreclosed out junior lienholders and trustors alike. The companies (and law firms) that process CA non-judicial foreclosures rely on the list of parties to notice privded in the title company's Trustee Sale Guarantee (TSG). If the lien is properly recorded, it would be rare, indeed, that it doesn't appear in the TSG or that notices were sent. IN my experience, trustees do an overkill job in sending out notices for the very reason your case is developing. It will be pretty fast and easy for the trustee to establish that this lienholder was properly noticed. Also, trustee will not put on much of a case besides supporting their noticing efforts. Why would they? Either they followed protocol, or they didn't. If they did their job correctly, let the 3rd party buyer fight it out because the only downside for the trustee is the occassional sale that gets unwound. What's the upside for the trustee? They don't guarantee title to you as a T/S buyer. You'd do well to hire an attorney who is familiar and experienced with these issues. If you need a referral, try your title company or even use one of the attorneys that solicite business from the foreclosure trustees. Their job will be, in part, to separate the wheat from the chaff and see what merits the opposition's case have, if any. Sometimes these things are shakedowns for dough. Can we presume that there were insufficient sale proceeds to pay the junior TD? In the meantime, you lose time and money. You might have to do the "one-arm twist" (reach around for you wallet and give some money to go away so you can get on with your deal). Follow Ups: Not Notified...Oldest Tax Sale Gimmick in the Book! (nt) Bill H 4:41 PM, 05/06/09 (0) Post a Followup: Name : E-Mail : Subject : Comments: : Claiming deficient noticing is about the oldest trick in the book for foreclosed out junior lienholders and trustors alike. : The companies (and law firms) that process CA non-judicial foreclosures rely on the list of parties to notice privded in the title company's Trustee Sale Guarantee (TSG). If the lien is properly recorded, it would be rare, indeed, that it doesn't appear in the TSG or that notices were sent. IN my experience, trustees do an overkill job in sending out notices for the very reason your case is developing. : It will be pretty fast and easy for the trustee to establish that this lienholder was properly noticed. Also, trustee will not put on much of a case besides supporting their noticing efforts. Why would they? Either they followed protocol, or they didn't. If they did their job correctly, let the 3rd party buyer fight it out because the only downside for the trustee is the occassional sale that gets unwound. What's the upside for the trustee? They don't guarantee title to you as a T/S buyer. : You'd do well to hire an attorney who is familiar and experienced with these issues. If you need a referral, try your title company or even use one of the attorneys that solicite business from the foreclosure trustees. : Their job will be, in part, to separate the wheat from the chaff and see what merits the opposition's case have, if any. Sometimes these things are shakedowns for dough. Can we presume that there were insufficient sale proceeds to pay the junior TD? : In the meantime, you lose time and money. : You might have to do the "one-arm twist" (reach around for you wallet and give some money to go away so you can get on with your deal). : [ 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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