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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Convenience vs contrivance Posted by Ward-CA- on June 03, 2003 at 8:45 AM In Reply to: Sale Protocol posted by Lughead on June 02, 2003 at 8:24 PM : hello : a friend had an interesting experience at a sale - i was wondering of what occurred is 'according to hoyle' or not : he and one other bidder showed up - : after qualifying, the auctioneer received a call from the trustee to postpone the sale 10 minutes to wait for a bidder who had called the trustee saying that their bank was having trouble with their printer - ie delay in getting their check : the trustee also instructed the auctioneer to accept qualifications after the sale had started and even to allow bidders to pool their money together and re-qualify up until the time the property was pronounced 'sold' : the late show ended up with the property - - - : this whole thing sounds odd - different than any sale we have seen : any thoughts/ comments?? : is this a violation of any civil code or are they free to run the sale as they wish? : thank you : Lughead =•=•=•=•=•=•=•=•=•=•= Well I think most of what you posted would seem OK with the authorities, since the result would be a higher price at the foreclosure auction, not a lower one. I don’t think the powers to be are going to get all lathered up about activity that stirs up prices. What the Civil Code §2924h prohibits is the just opposite—any activity that tends to restrain bidding. Yes, there is some leeway between auctioneers as to how they conduct their sales, since they work alone. Workers in isolation tend to do things somewhat differently than their cohorts elsewhere, but that’s due to laxity in supervision and oversight, not connivance. Follow Ups: Re: Convenience vs contrivance SeanW 11:20 AM, 06/03/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : : hello : : a friend had an interesting experience at a sale - i was wondering of what occurred is 'according to hoyle' or not : : he and one other bidder showed up - : : after qualifying, the auctioneer received a call from the trustee to postpone the sale 10 minutes to wait for a bidder who had called the trustee saying that their bank was having trouble with their printer - ie delay in getting their check : : the trustee also instructed the auctioneer to accept qualifications after the sale had started and even to allow bidders to pool their money together and re-qualify up until the time the property was pronounced 'sold' : : the late show ended up with the property - - - : : this whole thing sounds odd - different than any sale we have seen : : any thoughts/ comments?? : : is this a violation of any civil code or are they free to run the sale as they wish? : : thank you : : Lughead : =•=•=•=•=•=•=•=•=•=•= : Well I think most of what you posted would seem OK with the authorities, since the result would be a higher price at the foreclosure auction, not a lower one. : I don’t think the powers to be are going to get all lathered up about activity that stirs up prices. What the Civil Code §2924h prohibits is the just opposite—any activity that tends to restrain bidding. : Yes, there is some leeway between auctioneers as to how they conduct their sales, since they work alone. Workers in isolation tend to do things somewhat differently than their cohorts elsewhere, but that’s due to laxity in supervision and oversight, not connivance. 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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