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Timing the recording of the Trustee's Deed in CA

Posted by Ward-CA- on December 20, 2003 at 4:13 PM

In Reply to: Trustee's Deed is Late... posted by JK on December 19, 2003 at 6:04 PM

: Hello

: Our issue is that the Trustee's deed in CA took longer than 15 days to be recorded after the sale date.

: Prior to the Trustee's deed being recorded an abstact of judgement was recorded, what happens??? Do we need to pay it ?

: Thank you!

=?=?=?=?=?=?=?=?=?=?=

JK,

I assume the abstract of judgment (AJ) was recorded sometime during the 15 days after the trustee's sale took place.

CA law states that the trustee's deed is effective as of 8:00 AM on the day of the Trustee's Sale so long as the Trustee's Deed is recorded within 15 days following the sale. If the Trustee's Deed is recorded after the following 15 days then it is said to be effective as to when it was actually recorded.

So if an AJ was recorded in the 15 day time period and the Trustee's Deed wasn't recorded until after the 15 days then the AJ would be against the title of the property after the Trustee's Deed was recorded.


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