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Re: Non-recorded Notice of Trustee's Sale...

Posted by Sean OToole on August 06, 2010 at 12:32 AM

In Reply to: Non-recorded Notice of Trustee's Sale... posted by Ward-CA- on August 05, 2010 at 4:55 PM

Let me just briefly add to Ward's comment, that we often see trustee's post sales to their website before filing or publishing of the notice of trustee sale. If the sale is scheduled for more than 21 days out on their website they still have time to record.

-Sean


: Mike,

: Ca Civil Code §2924 mandates that a Notice of Default and a Notice of Trustee's Sale (NTS) has to be recorded as a prerequisite to conducting a Trustee's Sale.

: Don't jump to the conclusion that the no NTS was recorded just because your search of the public record failed to find it. Call a foreclosure notice service like County Records Research in Huntington Beach, CA or Foreclosure Radar and see if they have reported it. If so, it had to be recorded becasue those companies glean that info from the recorded record.

: --------Ward

: ===============

: : I would like to know if a trustee sale is legal in san diego county, if notice of sale date isn't found filed with county recorder's office?

: : A notice of default was filed, but can't find a notice of sale date recorded, title company also verified this.

: : Property is set to go to sale based upon the company's website.



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