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foreclosure notice


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#1 kuhzooangel36

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Posted 07 December 2012 - 07:31 AM

I need to come up with a foreclosure notice that never arrived. The bank foreclosed on our house and never TOLD us. We found out by going to the courthouse and looking up who owns the house. it turned out the bank did! we had gotten an offer while the house was on the market and the bank ended up selling the house those people. Now our lawyer wants a foreclosure notice but the bank never sent us one. What documentation can we give to prove to the court to prove our house was forclosed on without our knowledge?

Thanks for your help! :)

#2 Frye_SL

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Posted 07 December 2012 - 01:44 PM

The following is the statute that you can use to request the Notice of Default from the recorders office. This is a CA statue.

2924b. (a) Any person desiring a copy of any notice of default and
of any notice of sale under any deed of trust or mortgage with power
of sale upon real property or an estate for years therein, as to
which deed of trust or mortgage the power of sale cannot be exercised
until these notices are given for the time and in the manner
provided in Section 2924 may, at any time subsequent to recordation
of the deed of trust or mortgage and prior to recordation of notice
of default thereunder, cause to be filed for record in the office of
the recorder of any county in which any part or parcel of the real
property is situated, a duly acknowledged request for a copy of the
notice of default and of sale. This request shall be signed and
acknowledged by the person making the request, specifying the name
and address of the person to whom the notice is to be mailed, shall
identify the deed of trust or mortgage by stating the names of the
parties thereto, the date of recordation thereof, and the book and
page where the deed of trust or mortgage is recorded or the recorder'
s number, and shall be in substantially the following form:

"In accordance with Section 2924b, Civil Code,
request is hereby
made that a copy of any notice of default and a
copy of any notice of sale
under the deed of trust (or mortgage) recorded
______, ____, in Book
_____ page ____ records of ____ County, (or filed
for record with
recorder's serial number ____, _______ County)
California, executed
by ____ as trustor (or mortgagor) in which
________ is named as
beneficiary (or mortgagee) and ______________ as
trustee be mailed to
___________________ at __________________________.
Name Address
NOTICE: A copy of any notice of default and of
any notice of sale will be
sent only to the address contained in this
recorded request. If your address changes, a new
request must be
recorded.
Signature _______________"

Upon the filing for record of the request, the recorder shall
index in the general index of grantors the names of the trustors (or
mortgagor) recited therein and the names of persons requesting
copies.
(B) The mortgagee, trustee, or other person authorized to record
the notice of default or the notice of sale shall do each of the
following:

#3 Guest_FindLaw_Amir_*

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Posted 07 December 2012 - 02:33 PM

What state is this matter concerning?

#4 adjusterjack

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Posted 07 December 2012 - 07:53 PM

I need to come up with a foreclosure notice that never arrived. The bank foreclosed on our house and never TOLD us. We found out by going to the courthouse and looking up who owns the house. it turned out the bank did! we had gotten an offer while the house was on the market and the bank ended up selling the house those people. Now our lawyer wants a foreclosure notice but the bank never sent us one. What documentation can we give to prove to the court to prove our house was forclosed on without our knowledge?


The first thing that comes to my mind is why aren't you asking your lawyer that question?

It's difficult to prove a negative like that.

Did you know you were behind in your payments?

Did you know that the bank has a right to foreclose if you are behind in your payments?

Did you receive late notices when you were behind in your payments?

Were you living in the house at the time you had it up for sale?

If you had moved out of the house did you change your address with the bank and did you follow up to make sure they had the account changed to the correct address?

Has your lawyer filed a lawsuit? Once he files a lawsuit he can get the bank's records of notices during discovery.

But until a lawsuit is filed the bank doesn't have to give you the time of day.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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