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Re: lein recovery

Posted by Kristine-CA on August 23, 2010 at 1:51 PM

In Reply to: lein recovery posted by Rob on August 20, 2010 at 12:48 AM

Hi Rob. Questions:

1) Why did you record after the sale? Did you know about the sale but didn't get your judgment on time?

2) What happened to the property at sale? Did it go back to the bene? If so, there's nothing for you to get paid. Did it sell to a third party....with excess proceeds, enough to pay your lien?

If you are in CA, even if the trustee's deed isn't recorded in a timely way, I don't see what difference it would make. Perhaps if the sale was overturned and redone? But you weren't a lien of record at time of sale, and that's what needed to happen for you to get paid. That, and enough equity in the property to pay you.

: I filed a lein on the 15th day after Trustee sale on a property. The trustee deed was
: recorded 30 days after the sale. How do I collect on my lein ? Was I wiped out ? Can I
: foreclose ?

: We understand the 15 day rule for Trustee sale recording just know what it really
: means!



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