Re: No. Don't drink the Kool-Aid (nt)
In Reply to: Re: No. Don't drink the Kool-Aid (nt) posted by Rod Ciferri on July 31, 2011 at 10:16 AM
There are some holes in your theories, some the size of the Grand Canyon, but do let us know how it turns out. Owners in foreclosure transfer their property all the time, before and after trustee's sale.....it doesn't make the lien go away or put someone else in line for title. A lender or third party purchasers at sale can and will be able to evict you, with or without a deed. You say the difference is that you have a deed. But almost every foreclosed owner in CA has a deed.
An unlawful detainer suit will not help either party with title issues. You will be defendant in an unlawful detainer, so you would have to object on grounds that the lender or 3rd party is not an eligible party to evict. Good luck with that one.
You have some very whacked notions about MERS and produce the note strategies for CA. You might want to do a little more research on what cases have set precedent for lenders/servicers and note possession.
Happy researching and happy trespassing. Kristine
: : Proceed with extreme caution.
: Guess I would be the "guru" on this one. I'll let you know how it goes. Caution is certainly warranted. A lender who bought back at a foreclosure sale would probably see me as a trespasser. The difference is I have a deed.
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