Central District Consumer Bankruptcy Attorney's Association

Neither, unless the sale is postponed over one year. Go to a couple of auctions and you will get the idea. The saleperson stands at the auction location with cell phone in hand, phone is hand is so the auctioneer can take calls from the home office when there are late bk notices, or a bank gives a late postponement. At the time of the sale, say 10am, the sales person calls the ts number and either conducts the sale, announces a postponement to a particular date, or cancels the sale.
If the sale is continued, it will be to a particular date and time. At that time the process will repeat. Continuing the sale is not considered a violation of the stay. If the stay is lifted for any reason, at the next sale date, the sale goes forward and the debtor loses the property.
But, as stated above, if the postponements go on for over one year, a new notice of trustee's sale must be published.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Feb 7, 2014, at 3:40 PM, "Steven B. Lever" wrote:
>
> I have a case where the bankruptcy stayed the pending foreclosure for over a year.
>
>
>
> Does the foreclosure trustee have to start the entire process over with the NOD or only the notice of sale?
>
>
>
> Just if anyone knows off the top of their head.
>
>
>
> Thank you
>
>
>
> Steve
>
>
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@leverlaw.com
>
> > www.leverlaw.com
>
> > ******************************************************
>
> > This Internet e-mail contains confidential information
>
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> > have received this message in error, please notify the
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I have a case where the bankruptcy stayed the pending foreclosure for over a year. Does the foreclosure trustee have to start the entire process over with the NOD or only the notice of sale? Just if anyone knows off the top of their head. Thank you Steve Law Offices of Steven B. Lever> > Steven B. Lever>( Tel. (562) 436-5456 ext. 1>( Fax (562) 485-6886>* sblever@leverlaw.com> www.leverlaw.com> ******************************************************> This Internet e-mail contains confidential information> which is intended only for the addressee and which may
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Lou, you are the expert on this. Isn't there a statute that requires the republishing of a NOTS if the previous NOTS was published more than a year before the continued sale?
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Feb 21, 2014, at 6:58 PM, Erik Clark wrote:
>
> Notice of trustee sale, unless the sale was simply postponed. In that case I believe they can sell within 7 days of relief or dismissal
>
>
>> On Fri, Feb 7, 2014 at 3:40 PM, Steven B. Lever wrote:
>>
>> I have a case where the bankruptcy stayed the pending foreclosure for over a year.
>>
>>
>>
>> Does the foreclosure trustee have to start the entire process over with the NOD or only the notice of sale?
>>
>>
>>
>> Just if anyone knows off the top of their head.
>>
>>
>>
>> Thank you
>>
>>
>>
>> Steve
>>
>>
>>
>> Law Offices of Steven B. Lever
>>
>> >
>>
>> > Steven B. Lever
>>
>> >( Tel. (562) 436-5456 ext. 1
>>
>> >( Fax (562) 485-6886
>>
>> >* sblever@leverlaw.com
>>
>> > www.leverlaw.com
>>
>> > ******************************************************
>>
>> > This Internet e-mail contains confidential information
>>
>> > which is intended only for the addressee and which may
>>
>> > be privileged under applicable law. Do not read, copy
>>
>> > or disseminate it if you are not the addressee. If you
>>
>> > have received this message in error, please notify the
>>
>> > sender immediately and delete it. Thank you.
>>
>> > ******************************************************
>>
>
>
>
> --
> M. Erik Clark
>
>
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
> www.BorowitzClark.com
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>

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There is no minimum wait period after relief or dismissal if the sale was postponed. There just has to be notice announced of the continued sale
auction details at the previously noticed sale/postponed sale. I have seencreditors postpone sales day to day, if waiting for an order to be entered.
If a continued sale date is not announced, then a new notice of sale is
required.
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 2/21/2014 6:58:34 P.M. Pacific Standard Time,
eclark@blclaw.com writes:
Notice of trustee sale, unless the sale was simply postponed. In that caseI believe they can sell within 7 days of relief or dismissal
On Fri, Feb 7, 2014 at 3:40 PM, Steven B. Lever wrote:
I have a case where the bankruptcy stayed the pending foreclosure for overa year.
Does the foreclosure trustee have to start the entire process over with
the NOD or only the notice of sale?
Just if anyone knows off the top of their head.
Thank you
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. _(562) 436-5456 ext. 1_ (tel:(562)%20436-5456%20ext.%201)
>( Fax _(562) 485-6886_ (tel:(562)%20485-6886)
>* _sblever@leverlaw.com_ (mailto:sblever@leverlaw.com)
> _www.leverlaw.com_ (http://www.leverlaw.com/)
> ******************************************************
> This Internet e-mail contains confidential information
> which is intended only for the addressee and which may
> be privileged under applicable law. Do not read, copy
> or disseminate it if you are not the addressee. If you
> have received this message in error, please notify the
> sender immediately and delete it. Thank you.
> ******************************************************
M. Erik Clark
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
_www.BorowitzClark.com_ (http://www.borowitzclark.com/)
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
There is no minimum wait period after relief or dismissal if the sale was
postponed. There just has to be notice announced of the continued
sale auction details at the previously noticed sale/postponed sale. I
have seen creditors postpone sales day to day, if waiting for an order
to be entered. If a continued sale date is not announced, then a newnotice of sale is required.

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 2/21/2014 6:58:34 P.M. Pacific Standard Time,
eclark@blclaw.com writes:


Notice of trustee sale, unless the sale was simply postponed.
In that case I believe they can sell within 7 days of relief or
dismissal

On Fri, Feb 7, 2014 at 3:40 PM, Steven B. Lever <sblever@leverlaw.com> wrote:







I have a
case where the bankruptcy stayed the pending foreclosure for over a year.

Does the
foreclosure trustee have to start the entire process over with the NOD or
only the notice of sale?

Just if
anyone knows off the top of their head.

Thank you


Steve


Law Offices
of Steven B. Lever
>
> Steven
B. Lever
>( Tel. (562) 436-5456 ext.
1
>(
Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
>

The post was migrated from Yahoo.

Notice of trustee sale, unless the sale was simply postponed. In that case
I believe they can sell within 7 days of relief or dismissal
On Fri, Feb 7, 2014 at 3:40 PM, Steven B. Lever wrote:
>
>
> I have a case where the bankruptcy stayed the pending foreclosure for *over
> a year.*
>
>
>
> Does the foreclosure trustee have to start the entire process over with
> the NOD or only the notice of sale?
>
>
>
> Just if anyone knows off the top of their head.
>
>
>
> Thank you
>
>
>
> Steve
>
>
>
> Law Offices of Steven B. Lever
>
> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@leverlaw.com
>
> > www.leverlaw.com
>
> > ******************************************************
>
> > This Internet e-mail contains confidential information
>
> > which is intended only for the addressee and which may
>
> > be privileged under applicable law. Do not read, copy
>
> > or disseminate it if you are not the addressee. If you
>
> > have received this message in error, please notify the
>
> > sender immediately and delete it. Thank you.
>
> > ******************************************************
>
>
>
>
>
M. Erik Clark
[image: BCLogo]
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BorowitzClark.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
Notice of trustee sale, unless the sale was simply postponed. In that case I believe they can sell within 7 days of relief or dismissalOn Fri, Feb 7, 2014 at 3:40 PM, Steven B. Lever <sblever@leverlaw.com> wrote:

I have a case where the bankruptcy stayed the pending foreclosure for over a year.
Does the foreclosure trustee have to start the entire process over with the NOD or only the notice of sale?
Just if anyone knows off the top of their head.
Thank you
Steve
Law Offices of Steven B. Lever
> > Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>*
The post was migrated from Yahoo.

No Sam. It is correct that only the Notice of Sale expires. AND the 365
days is measured from the date first set for sale. So really it is 1 year
PLUS 20 days for the notice period.
If you have any questions or should you need any additional assistance, I
am here to help. Have a fantastic day!
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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On Thu, Feb 20, 2014 at 11:57 AM, wrote:
>
>
> I am reading 2924g and it says that a new Notice of Sale has to be issued
> if a Trustee Sale is postponed for more than 365 days. I don't see
> anything about a new NOD. Is there some different section that I am missing
> that requires a new NOD if the first NOD was recorded more than 365 days
> ago? This would seem inconsistent.
>
>
No Sam. It is correct that only the Notice of Sale expires. AND the 365 days is measured from the date first set for sale. So really it is 1 year PLUS 20 days for the notice period.

The post was migrated from Yahoo.

e of Default (NOD) if an entire year has elapsed since it was
originally recorded. So it starts the clock over for the timing of the foreclosure.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
On Friday, February 7, 2014 6:18 PM, "Attorneychristine@gmail.com" wrote:
I agree with Giovanni as that has been my experience as well.
Sent from my iPad
Law Office of Christine Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Tel: 714-533-9210
Toll Free: 877-631-2220
Blog: www.losangelesbankruptcylawmonitor.com
On Feb 7, 2014, at 4:06 PM, Giovanni Orantes wrote:
>I wouldn't usually count on that. There is language in the statutes that says they can foreclose right away after the bankruptcy stay ends. month and then when the BK is dismissed or ends, foreclose at the earliest next regularly scheduled continued date. If they have stopped continuing the sale date, they would send out a new NOS, but I usually assume they won't unless I verify myself or through one of my staff-members that there is no sale date.
>
>--
>
>Giovanni Orantes, Esq.*
>Orantes Law Firm, P.C.
>3435 Wilshire Blvd. Suite 2920
>Los Angeles, CA 90010
>Tel: (213) 389-4362
>Fax: (877) 789-5776
>e-mail: go@gobklaw.com
>website: www.gobklaw.com
>
>
>*Board Certified - Business Bankruptcy Law - American Board of Certification
>
>*Board Certified - Consumer Bankruptcy Law - American Board of Certification
>
>Commercial Litigation
>Estate Planning
>Outside General Counsel
>
>
>WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
>

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I agree with Giovanni as that has been my experience as well.
Sent from my iPad
Law Office of Christine Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Tel: 714-533-9210
Toll Free: 877-631-2220
Blog: www.losangelesbankruptcylawmonitor.com
> On Feb 7, 2014, at 4:06 PM, Giovanni Orantes wrote:
>
> I wouldn't usually count on that. There is language in the statutes that says they can foreclose right away after the bankruptcy stay ends. Usually, the foreclosure trustees keep continuing the sale from month to month and then when the BK is dismissed or ends, foreclose at the earliest next regularly scheduled continued date. If they have stopped continuing the sale date, they would send out a new NOS, but I usually assume they won't unless I verify myself or through one of my staff-members that there is no sale date.
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Board Certified - Business Bankruptcy Law - American Board of Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
>

The post was migrated from Yahoo.

I wouldn't usually count on that. There is language in the statutes that
says they can foreclose right away after the bankruptcy stay ends.
Usually, the foreclosure trustees keep continuing the sale from month to
month and then when the BK is dismissed or ends, foreclose at the earliest
next regularly scheduled continued date. If they have stopped continuing
the sale date, they would send out a new NOS, but I usually assume they
won't unless I verify myself or through one of my staff-members that there
is no sale date.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
I wouldn't usually count on that. There is language in the statutes that says they can foreclose right away after the bankruptcy stay ends. Usually, the foreclosure trustees keep continuing the sale from month to month and then when the BK is dismissed or ends, foreclose at the earliest next regularly scheduled continued date. If they have stopped continuing the sale date, they would send out a new NOS, but I usually assume they won't unless I verify myself or through one of my staff-members that there is no sale date.
-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362
Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General CounselWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.

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Off the top of my head. The NOD is good until it is rescinded. The NOTS is only good for 12 months and will need to be noticed again. .
Frank X. Ruggier
Price Law Group, APC
15760 Ventura Blvd., Suite 1100
Encino, CA 91436
Direct: (818) 205-2406
Fax: (818) 907-2106
www.pricelawgroup.com

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Thank you Frank. That's what I thought, but could to have confirmation.
Steve

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