Notice of Change of Foreclosure Date received monthly by Chapter...
Posted: Tue Jan 03, 2017 4:25 pm
The automatic stay maintains the status quo. As you no doubt know if salewas properly noticed and recorded the foreclosure could be postponed fromdate to date postpetition. If prepetition the foreclosure trustee failedto follow California law by not recording a notice of sale, and that
precludes the foreclosure trustee under California law from conducting a
foreclosure sale (my recollection is that recording is required, but I have not
researched it today), then I do not see how it can claim to be merely
maintaining the status quo postpetition by issuing notices continuing theforeclosure sale date from date to date. If you have already provided written notice
to the foreclosure trustee and foreclosing lender of the deficiency in
failing to record the notice of sale, I think you have a claim for violation
of the automatic stay under Section 362(a)(3),(4) or (5) because of the lack
of right to hold a foreclosure sale prepetition. At the very least thereseems a basis for injunctive relief to stop the postponements of the
improperly noticed sale if no monetary award is awarded for violation of the
stay.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 1/3/2017 2:24:06 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Dear BK Family:
My client is getting upset month after month they keep continuing the
foreclosure sale date when the facts are they never recorded a notice of sale
on her home. Every month people come by looking at the house to see if they
can buy it because they think it is going to foreclosure sale.
I have tried to contact the lender but they do not respond, nor does their foreclosure trustee. . .
Any thoughts of how I can attack this and make it stop?
R. Grace Rodriguez, Esq.
The automatic stay maintains the status quo. As you no doubt know if
sale was properly noticed and recorded the foreclosure could be postponed
from date to date postpetition. If prepetition the foreclosure
trustee failed to follow California law by not recording a notice of
sale, and that precludes the foreclosure trustee under California
law from conducting a foreclosure sale (my recollection is that recording is
required, but I have not researched it today), then I do not see how it canclaim to be merely maintaining the status quo postpetition by issuing notices
continuing the foreclosure sale date from date to date. If
you have already provided written notice to the foreclosure trustee and
foreclosing lender of the deficiency in failing to record the notice of
sale, I think you have a claim for violation of the automatic stay
under Section 362(a)(3),(4) or (5) because of the lack of right to hold a
foreclosure sale prepetition. At the very least there seems a basis
for injunctive relief to stop the postponements of the improperlynoticed sale if no monetary award is awarded for violation of the
stay.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 1/3/2017 2:24:06 P.M. Pacific Standard Time,
cdcbaa@yahoogroups.com writes:
Dear BK
Family:
My
client is getting upset month after month they keep continuing the foreclosure
sale date when the facts are they never recorded a notice of sale on her home. Every month people come by looking at the house to see if they can
buy it because they think it is going to foreclosure sale.
I have
tried to contact the lender but they do not respond, nor does their
foreclosure trustee. . .
Any
thoughts of how I can attack this and make it stop?
R. Grace Rodriguez, Esq.
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