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Re-noticing requirements on foreclosure sale after relief from stay
I believe what mark was looking for was whether a new notice must be provided if a foreclosure sale is stopped by a bankruptcy and the answer is no unless other parts of that chapter require otherwise, e.g., the NOS is more than 365 days old:
(e) Notwithstanding the time periods established under subdivision (d), if postponement of a sale is based on a stay imposed by Title 11 of the United States Code (bankruptcy), the sale shall be conducted no sooner than the expiration of the stay imposed by that title and the seven-day provision of subdivision (d) shall not apply.
CC 2924g
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> On Apr 13, 2016, at 8:35 AM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> Yes, but no requirement for a new NOD. An NOD is good until rescinded.
>
>
> Sincerely,
>
> Michael Avanesian, Esq.
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>> On Wed, Apr 13, 2016 at 8:19 AM, Salvatore Sciortino salasciortino@yahoo.com [cdcbaa] wrote:
>>
>> HI MARK,
>>
>> Look at civil code 2924(g)(c)(2).
>>
>> It appears (2) if"more that 365 days has expired
>> the scheduling of any further sale proceedings shall be preceded by giving a new notice of sale"
>>
>> Hope this is the correct view now.
>>
>> Sal Sciortino
>>
>>
>> On Tuesday, April 12, 2016 6:43 PM, "Giovanni Orantes go@gobklaw.com [cdcbaa]" wrote:
>>
>>
>>
>>
>> The answer is in the 2924 series Civil Code sections, though not 2924. I don't have time to look for it right now.
>>
>>
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They do not have to start over. If the sale has been continued while the stay was in place, publication is most likely not needed either. It will depend on the title company that issued the TSG. (I believe the answer is in the CA Civ Code.)
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> On Apr 12, 2016, at 6:17 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> Esteemed colleagues:
>
> Assume Notice of Default recorded prepetition and 3 months have run.
>
> Notice of sale posted, and bankruptcy case filed on day of sale.
>
> Subsequent relief from stay order obtained from the court (or order confirming termination of stay after 30 days).
>
> Does anyone know whether the creditor must start over from the NOD recording, or can they just republish the notice of sale?
>
> Cites/law would be appreciated if you have them.
>
> Thanks
>
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