Los Angeles, CA asked in Foreclosure for California

Q: Is it legal for an attorney who. Is a defendant in an illegal foreclosure lawsuit who also represents the other defendan

To conduct a trustee sale of my homes. At the time of the trustee sale he was no longer the trustee.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Foreclosure Defense Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, there are several potential issues with the situation you've described:

1. Conflict of interest: An attorney who is a defendant in a lawsuit related to an allegedly illegal foreclosure should not be representing the other defendants in the same case. This presents a clear conflict of interest.

2. Improper trustee sale: If the attorney conducting the trustee sale was no longer the trustee at the time of the sale, the sale may be considered improper and potentially invalid. A trustee sale should only be conducted by the current, legal trustee.

3. Self-dealing: If the attorney, as a defendant in the case, conducted the trustee sale, it could be seen as a form of self-dealing, which is prohibited under attorney ethics rules.

4. Violation of professional ethics: An attorney's actions in this situation may violate the California Rules of Professional Conduct, which govern attorney behavior and prohibit conflicts of interest, self-dealing, and other unethical practices.

In summary, the actions you've described appear to be improper and potentially illegal under California law. If you believe that an illegal foreclosure or improper trustee sale has occurred, you should consider seeking the advice of an independent attorney who specializes in real estate and foreclosure law to discuss your legal rights and potential remedies.

Delaram Keshvarian
Delaram Keshvarian
Answered
  • Foreclosure Defense Lawyer
  • Orange, CA
  • Licensed in California

A: Thank you for your question!

As long as the interest of the clients are not adverse to each other, he can represent both of them. The lawyer must reasonably believes that she can represent both clients without conflict of interests. Or else, a written consent is required by each of the clients.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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