In Reply to: Re: Lien posted by Robert on July 31, 2011 at 2:04 PM
: How would you have any standing with a court to challenge a lien? Are you acting as the attorney for the original lien holder ?
No, I would not be acting for the original lien holder.
The idea is to move into the house (assuming it's vacant) and then await the unlawful/forcible detainer action. The question is not whether I have standing (since I would be defending), rather does the plaintiff have standing to evict me. I would have actual possession and a quitclaim from the former owner. The plaintiff has a trustee's deed that is necessarily based on the non-judicial foreclosure. If the non-judicial foreclosure suffers from such defects that it is void, meaning it never became a lien in the first place, then my title would be paramount. The former owner owned the property free and clear, but didn't know it. I get assigned all real property interest and causes of action - then I become the new owner free and clear.
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