My home was foreclosed by the 2nd TD and my name is no longer on title. The 2nd TD took title and now the 1st TD filed a NOD because there was a change of title. Can I file BK to stop the foreclosure? Can I still save my home?
Once the gavel drops on the auction, the house is sold, no matter if its a first trust deed, second, third, or hoa. Since you no longer own the property, short of a fraud in the foreclosure process, there is nothing you can.
A bankruptcy can only stop an eviction.
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Real Estate Attorney
If your statements are accurate, you are too late to stop foreclosure of your interest in the home. According to your description, foreclosure has already been completed as to your interest. You can contest whether the foreclosure was proper. This would have been very difficult if a third party had acquired title at auction. Since it was apparently the second trust deed holder that acquired title, you can potentially contest the foreclosure, if you establish valid grounds. However, that is not an easy process, and you may still have issues regarding the first trust deed holder. If you are really considering contesting the already completed foreclosure, you should promptly seek legal advice to see if you have any basis to support your goal. You should also evaluate whether you will obtain any real benefit by contesting the foreclosure.
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2 lawyers agree
Yes, the 1st TD can foreclose on the 2nd TD holder, who is now the owner of the property (not you).
You cannot stop the 1st TD from foreclosing because you no longer own the property. Your filing for bankruptcy makes no difference.
Only in extremely rare circumstances (where you tendered the default prior to the 2nd's trustee sale) would you possibly be able to undo the 2nd's foreclosure and stop the 1st from foreclosing.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
If you are not on title, but on the mortgage, they certainly can file an nod. However, they will have little chance of recovering anything from you. If you had a foreclosure by the 2nd, a bk can delay eviction, but not foreclosure which already occurred. Yes, a proper lawsuit can possibly save your home, given the right facts. We do that here.
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