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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] No redemption in CA.. Posted by Ward-CA- on April 21, 2003 at 7:57 PM In Reply to: redemption in ca posted by RODEL on April 21, 2003 at 8:33 AM : this is all new to me. i would like some advise on how to redeam my property. heres my story. : my house is gone now. i was behind roughly 12,000. I tried to get loans was turned down. got a hard money loan for roughly 30,000 to pay off rears and finish my remodel. when it came time to close my jr lien holder with no lien amount would not subbordinate. this lasted roughly four months of going back and forth. then in oct they subbordinated. by that time it was to late my house was up for auction. i filed a bk the day of the auction.then found out in jan 30 the bk was dismissed. called world savings for a reinstatement. recieved the reinstatement, was getting loan approved. found out the home was auctioned feb 7 : where do i go from here this house has been in my family for years. : PLEASE GIVE ME SOME DETAIL INFORMATION PLEASE....... ======================= Rodel, There's no provision in CA's foreclosure code and process that extends the trustor any kind of right of redemption after the trustee's sale. The trustee's sale is final. Civil Code Section 2924 requires that the trustee conducting a foreclosure must give you a Notice of Default within 10 business days of recording it. In fact you should have received two, one by regular mail and the other by certified mail. You are free to legally challenge the propriety or fairness of the sale or invalidity on the issue of proper notice, but you'll have to get an attorney to represent you. A challenge like this is going to be expensive and drawn out. But if you can prove that the trustee was derelict in their duty to provide you with the Notice of Default within 10 business days of the recording of the NOD then you just might win a reprieve. Hope this helps. Follow Ups: hoodia Harry Juna 4:49 PM, 02/03/05 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : this is all new to me. i would like some advise on how to redeam my property. heres my story. : : my house is gone now. i was behind roughly 12,000. I tried to get loans was turned down. got a hard money loan for roughly 30,000 to pay off rears and finish my remodel. when it came time to close my jr lien holder with no lien amount would not subbordinate. this lasted roughly four months of going back and forth. then in oct they subbordinated. by that time it was to late my house was up for auction. i filed a bk the day of the auction.then found out in jan 30 the bk was dismissed. called world savings for a reinstatement. recieved the reinstatement, was getting loan approved. found out the home was auctioned feb 7 : : where do i go from here this house has been in my family for years. : : PLEASE GIVE ME SOME DETAIL INFORMATION PLEASE....... : ======================= : Rodel, : There's no provision in CA's foreclosure code and process that extends the trustor any kind of right of redemption after the trustee's sale. The trustee's sale is final. : Civil Code Section 2924 requires that the trustee conducting a foreclosure must give you a Notice of Default within 10 business days of recording it. In fact you should have received two, one by regular mail and the other by certified mail. : You are free to legally challenge the propriety or fairness of the sale or invalidity on the issue of proper notice, but you'll have to get an attorney to represent you. A challenge like this is going to be expensive and drawn out. But if you can prove that the trustee was derelict in their duty to provide you with the Notice of Default within 10 business days of the recording of the NOD then you just might win a reprieve. : Hope this helps. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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