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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] I'm not gonna be much help... Posted by Rick, the Probate Guy on May 08, 2009 at 6:50 AM In Reply to: Need Pro Help-Rick/Ward...Unusual question (again) posted by miller on May 06, 2009 at 11:35 PM There is no "warranty" in any trustee's deed upon sale that I've ever seen. As announced prior to the trustee's sale auction, "only the right and title interest securing the deed of trust is being sold" or something like that. If you're trying to rely on a trustee to back their deed, I don't think that's gonna happen. They have two kinds of sales: 1. Valid sales, and 2. Blown sales. In case of the latter, where THEY determine that there was a deficiency in their sale (for whatever reason) they'll reset the sale, maybe having to re-pub, too. I've had deals whereby I got the property at sale (i.e.,, if I was the lender and the only bidder) and trustor never noticed us that they filed a timely BK. Well, a day or two later you learn this and then the sale is a blown sale, because it was completed. It will most likely require re-pub and definately a new sale date. If you're trying to rely on a trustee's deed as to a title concern, I don't think you'll get very far if you don't agree with the loan position, etc. What's your attorney say? Frankly, I think that you'd do better to be consulting with an attorney experienced with T/Sales rather than trying to get a free answer off the boards. After all, things can be "complicated" and you may not be presenting us facts that you deem unimportant but really are. Hope it works out for you. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : There is no "warranty" in any trustee's deed upon sale that I've ever seen. : As announced prior to the trustee's sale auction, "only the right and title interest securing the deed of trust is being sold" or something like that. If you're trying to rely on a trustee to back their deed, I don't think that's gonna happen. They have two kinds of sales: : 1. Valid sales, and : 2. Blown sales. : In case of the latter, where THEY determine that there was a deficiency in their sale (for whatever reason) they'll reset the sale, maybe having to re-pub, too. : I've had deals whereby I got the property at sale (i.e.,, if I was the lender and the only bidder) and trustor never noticed us that they filed a timely BK. Well, a day or two later you learn this and then the sale is a blown sale, because it was completed. It will most likely require re-pub and definately a new sale date. : If you're trying to rely on a trustee's deed as to a title concern, I don't think you'll get very far if you don't agree with the loan position, etc. : What's your attorney say? Frankly, I think that you'd do better to be consulting with an attorney experienced with T/Sales rather than trying to get a free answer off the boards. After all, things can be "complicated" and you may not be presenting us facts that you deem unimportant but really are. : Hope it works out for you. [ 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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