Tracy, CA asked in Foreclosure for California

Q: Need Clarification : California Foreclosure Process In Ref Notice of Default & Sale.

For a Property in California:

Lender Filed Notice of Default in 2010

Lender filed Notice of Sale in 2010. Sale Postponed

Borrrower worked out with bank for some time. Lender Servicer changed names in 2013

Successful Loan Mod completed in 2013, Borrower made payments for 24 months.

Lender did not file recission of default at that time

In 2016 Borrower fell behind in payments . Lender filed Notice of Default (again) in Feb 2016

In April 2016 Lender filed Recession of default but put small note that this recession of default is specifically for the default filed in 2009 (and not Feb 2016). Lender convinces Borrower on phone calls numerous that property is not in foreclsoure .

Out of the Blue, In August, Lender files Notice of Sale within 30 days.

Question: How is this allowed ? Does not the notice of recission of default filed in April 2016 negate the notice of default filed in Feb 2016 irrespective of fine print?

Related Topics:
1 Lawyer Answer

Ali Shahrestani, Esq.

PREMIUM
Answered
  • San Francisco, CA
  • Licensed in California

A: Was a new Notice of Default timely filed for this 2016 foreclosure? That would be required. The rescission of default for the prior N.O.D. may be valid. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.