InnoVest Resource Management's Foreclosure Forum

Discussion Board Foreclosure Training Title Holding Trust Speaking Schedule Foreclosure Codes 50 State Foreclosure Basics 60+ Yrs Interest Rates News & Trends FAQ Dingbat Retirement Plan Links To Contact Us Home

[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Re: foreclosure notification after mistake Posted by Ward-CA- on May 29, 2001 at 9:08 PM In Reply to: foreclosure notification posted by todd-wa on May 29, 2001 at 8:33 PM : Here's a little brain teaser. Shortly before the sale, the trustee realized they had recorded the notice of sale in the wrong county. In the mean time the home owner had transfered : title and beneficial interest to someone else. The warantee deed : to trustee was recorded. : After this the trustee started the proccess over and recorded the notice in the right county, but did not notify the trustee : of the title holding trust. : Is this sale in jepardy =•=•=•=•=•=•=•=•=•=•=•= The trustee's sale could be set aside if the foreclosing trustee didn't notify the party that was on record as the owner, at the time the notice of sale was recorded. Generally the foreclosing trustee will mail a copy of the notice of sale to all parties who are adversely affected by the foreclosure. The fact that the notice was initially recorded in the wrong county wouldn't impair the original notice of sale to the owner of the property. So if the then current owner received the notice of sale by mail, even though it was recorded in the wrong county, and then subsequently correctly re-recorded in the right county, the sale would probably be held to be valid. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : Here's a little brain teaser. Shortly before the sale, the trustee realized they had recorded the notice of sale in the wrong county. In the mean time the home owner had transfered : : title and beneficial interest to someone else. The warantee deed : : to trustee was recorded. : : After this the trustee started the proccess over and recorded the notice in the right county, but did not notify the trustee : : of the title holding trust. : : Is this sale in jepardy : =•=•=•=•=•=•=•=•=•=•=•= : The trustee's sale could be set aside if the foreclosing trustee didn't notify the party that was on record as the owner, at the time the notice of sale was recorded. Generally the foreclosing trustee will mail a copy of the notice of sale to all parties who are adversely affected by the foreclosure. The fact that the notice was initially recorded in the wrong county wouldn't impair the original notice of sale to the owner of the property. So if the then current owner received the notice of sale by mail, even though it was recorded in the wrong county, and then subsequently correctly re-recorded in the right county, the sale would probably be held to be valid. 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

Copyright © 1997-2001, InnoVest Resource Management

InnoVest Resource Management, 4080 Centre Street, Suite 204, San Diego CA 92103-2657
(619) 296-9596, Fax (619) 296-6443