Summary
In California, if a home is sold at auction despite verbal requests to halt, legal options remain. Written notice is crucial to stop foreclosure. Post-auction, you can file a lawsuit for wrongful foreclosure and seek a temporary restraining order to halt eviction. Consulting a real estate attorney is advisable for personalized guidance. Essential documents like the Notice of Default and Trustees Deed Upon Sale should have the trustees signature. If the mortgage companys signature is present instead, it may be a legal issue. Legal action can still be pursued after the auction, even if the property was sold to the mortgage company.Full Conversation
I need to know what papers to look through for fraudulent signage by the mortgage company in the sale of the home at auction
To investigate fraudulent signage by the mortgage company in a non-judicial foreclosure in California, you should review the following documents:
- Notice of Default
- Notice of Trustee Sale
- Trustee's Deed Upon Sale
- Loan origination documents
- Communication records with the mortgage company
Do you need assistance with locating these documents or further steps in the process?
Yes
To locate these documents, you can:
- Check your personal records and files for any documents received from the mortgage company.
- Contact the county recorder's office where the property is located to obtain public records related to the foreclosure.
- Review your communication history with the mortgage company for any relevant documents.
Would you like guidance on how to proceed with disputing the fraudulent signage?
I need to know what papers to file to stop the unlawful detainer and move the case to the proper jurisdiction
To stop an unlawful detainer and move the case to the proper jurisdiction in California, you may need to file:
- Motion to Quash Service of Summons (if service was improper)
- Motion to Transfer Venue (if the case is in the wrong jurisdiction)
- Answer or Demurrer to the Unlawful Detainer Complaint
Would you like more details on how to file these motions?
I need to know was the trustee signature supposed to be on the papers for foreclosure process
In California, for a non-judicial foreclosure, the trustee’s signature is essential on certain documents. Specifically:
- Notice of Default
- Notice of Trustee Sale
- Trustee's Deed Upon Sale
Would you like more information on what to do if the trustee's signature is missing?
What if the signature is from the mortgage company and not to Trustee of the deed
For a non-judicial foreclosure in California, the trustee’s signature is essential on specific documents:
- Notice of Default
- Notice of Trustee Sale
- Trustee's Deed Upon Sale
If the signature is from the mortgage company and not the trustee, it may be a potential issue. Would you like guidance on how to challenge this?
Yes
To challenge the validity of a non-judicial foreclosure due to a missing trustee's signature on essential documents in California, you can:
- File a lawsuit for wrongful foreclosure.
- Seek a temporary restraining order (TRO) or preliminary injunction to halt the foreclosure process.
- Consult with a real estate attorney to review your case.
Would you like more detailed steps on filing a lawsuit for wrongful foreclosure?
Can any of these steps take place after the house has sold to auction and it was sold to the mortgage company
Yes, you can still take certain steps after the house has been sold at auction, even if it was sold to the mortgage company. These steps include:
- Filing a lawsuit for wrongful foreclosure.
- Seeking a temporary restraining order (TRO) or preliminary injunction to halt eviction proceedings.
- Consulting with a real estate attorney for guidance.
Would you like more information on how to proceed with filing a lawsuit for wrongful foreclosure?
Yes I would like to know what steps to take post auction sale
Certainly! After a home has been sold at auction, you can still take action by following these steps:
- **File a Lawsuit for Wrongful Foreclosure:** Initiate a legal action to challenge the foreclosure's validity.
- **Seek a Temporary Restraining Order (TRO):** This can stop eviction proceedings temporarily.
- **Consult a Real Estate Attorney:** Professional legal advice can guide you on the best course of action.
Would you like more detailed steps on filing a wrongful foreclosure lawsuit?
What if I had verbally spoke to the mortgage company and the attorney for the mortgage company requesting them to stop the auction before this auction had started does it matter that they would continue the auction without allowing me to settle the debt
In California, verbal requests may not be sufficient to stop a foreclosure auction. It is essential to provide written notice and possibly seek a court order.
- **File a Lawsuit:** You can still file for wrongful foreclosure.
- **Seek Legal Advice:** Consult with a real estate attorney to explore your options.
Would you like more detailed steps on how to proceed with these actions?
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