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kuhzooangel36

foreclosure notice

4 posts in this topic

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! :)

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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:

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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.

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