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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Normal question but unusual wording Posted by Kristine-Ca on May 07, 2009 at 4:36 PM In Reply to: Need Pro Help-Rick/Ward...Unusual question (again) posted by miller on May 06, 2009 at 11:35 PM I think you are not getting answers because your question is not clear. So, tell us if this is right: You bought a property at trustee' sale. The foreclosing lien was in first position. You are saying the 2nd lienholder was not notified. So, 1) who says the second wasn't notified and why? What does the trustee say about that? 2) Is your question: Is the trustee liable for damages/fees to you because they made a mistake? : Seriously, thanx for the replies. I really need help on this one. : But my post was not carefully read. : I stated that the junior was NOT notified. : It is not the "old trick". : The recitals in the deed are as follows... : "Trustee having complied with all applicable statutory : requirements of the State of California : and performed all duties required by said Deed of Trust." : My question (to Rick/Ward, whom I respect greatly), is the recital a warranty? : Is the trustee liable for my damages or attorneys fees? : I relied on the recital when I bid. : Do you know of a case based on these facts? Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : I think you are not getting answers because your question is not clear. : So, tell us if this is right: You bought a property at trustee' sale. The foreclosing lien was in first position. You are saying the 2nd lienholder was not notified. : So, 1) who says the second wasn't notified and why? What does the trustee say about that? : 2) Is your question: Is the trustee liable for damages/fees to you because they made a mistake? : : : Seriously, thanx for the replies. I really need help on this one. : : But my post was not carefully read. : : I stated that the junior was NOT notified. : : It is not the "old trick". : : The recitals in the deed are as follows... : : "Trustee having complied with all applicable statutory : : requirements of the State of California : : and performed all duties required by said Deed of Trust." : : My question (to Rick/Ward, whom I respect greatly), is the recital a warranty? : : Is the trustee liable for my damages or attorneys fees? : : I relied on the recital when I bid. : : Do you know of a case based on these facts? [ 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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