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Re: Lien

Posted by Robert on July 31, 2011 at 5:45 PM

In Reply to: Re: Lien posted by Rod Ciferri on July 31, 2011 at 4:51 PM

Okay so you are living in the home and a notice of Trustee sale is posted to your door.
What do you do next? Nothing you can do since you cannot take it to Judicial foreclosure.
So you wait until it is sold at trustee sale. It either goes back to the bank or is sold to 3rd party.
You get the eviction notice, you are not a tenant, you claim to be an owner so you must be out in 3 days.
What is your argument in court for the Unlawful detainer to not get kicked out? You can't claim ignorance!
Sounds like you are trying to claim that the lien was not a proper lien but that argument won't fly in that court since the
trustee sale has already happened. You delay for a while and you are kicked out.

If you want to challenge the lien you will need to go to court with a lawsuit when the NOD is filed and you will need standing.
Since the loan is not assumable and has a clause for payoff is transferred good luck.

Follow Ups:
  • Re: Lien Rod Ciferri 6:21 PM, 07/31/11 (4)
    • Re: Lien BIG 6:35 PM, 07/31/11 (3)
      • Re: Lien Rod Ciferri 6:49 PM, 07/31/11 (2)
        • Re: Lien Robert 11:42 AM, 08/01/11 (1)
          • Re: Lien Rod Ciferri 8:36 PM, 08/01/11 (0)

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