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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Yes, the Trustee is liable... Posted by Ward-CA- on May 08, 2009 at 7:57 AM In Reply to: Need Pro Help-Rick/Ward...Unusual question (again) posted by miller on May 06, 2009 at 11:35 PM Miller, 1. Yes, the Trustee is culpable for damages caused for not complying with CA Code that requires them to send a copy of their Notice of Trustee’s Sale to a lienor or interest holder that’s in a junior position relative to their foreclosing lien. However they are NOT liable for any legal costs or attorney’s fees you will encounter in the matter...since no formal legal fees agreement exists between you and the trustee (nor will you be able to prove malicious intent on their part either). 2. I do know of an old case concerning this issue…but it’s not available for citation since it was a case of first impression and not appealed any further. 3. An attorney who is very capable of advising you further on this type of issue is Martin McGuinn @ (619) 525-1659. Hope this helps. ------------------------Ward ========================== : 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: : Miller, : 1. Yes, the Trustee is culpable for damages caused for not complying with CA Code that requires them to send a copy of their Notice of Trustee’s Sale to a lienor or interest holder that’s in a junior position relative to their foreclosing lien. : However they are NOT liable for any legal costs or attorney’s fees you will encounter in the matter...since no formal legal fees agreement exists between you and the trustee (nor will you be able to prove malicious intent on their part either). : 2. I do know of an old case concerning this issue…but it’s not available for citation since it was a case of first impression and not appealed any further. : 3. An attorney who is very capable of advising you further on this type of issue is Martin McGuinn @ (619) 525-1659. : : Hope this helps. : ------------------------Ward : ========================== : : 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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