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WRONGFUL FORECLOSURE ??
Posted by LOST IN AZ on March 12, 2004 at 11:41 PM
I was served with notice of default in Sep. 2001, with a foreclosure date of jan 24, 2002. Plans didnt work out for me to bring loan current so I was forced to file bankruptcy on Jan 22, 2002, I called and left message for mtg. co. and trustee hired to foreclose on Jan 23, 2002 of my filing. The sale was held regardless. On 04, Feb, 2002 recorded trustees deed. AZ law deem sale void and must be continued 28 days later.
The Mtg. Co. obtained lift of stay on 02 Aug, 2002 and held sale withou further notice to me. The trustees deed recorded 04 Feb. 2002 remained public record until 17 Dec. 2002 , the same day the second foreclosure was held. The trustees deed for the second sale was not recorded until Jan. 14, 2003. Yet the sale was held Dec. 17, 2002,there could not have been a public auction because the public records of the county recorder showed that the property was purchased at foreclosure auction Jan 24, 2002 and recorded trustees deed 04 Feb, 2002. The trustee never returned title to me after the void jan 24, 2002 sale therefore I was unable to obtain a second loan to bring loan current. there was approximatly 59,000 due on mtg. with a value of the property close to 200,000. the trustee admits that they did not continue the sale on the 28th day as required by AZ State law.
I have been ripped off and cant seem to find laws or similar cases. Doesnt the trustees deed that was recorded feb. 2002 transfere all right,title and interest in such property to the person named on the trustees deed upon sale? therefor the property was not legally the property of the trustee to sell? The so called "notice of recission" recorded the day of the second sale , 10 months after recording, states that the beneficiary requests that the trustees deed be rescinded due to conditions that would have warranted cancellation of the foreclosure that did occure. This clearely states CANCELLATION not postponement. Should the trustee have begun the foreclosure process again? recording notice of default, notice of trustees sale...etc...? was this whole process legal??? please help.
LOST IN AZ
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