Home Foreclosure. If trustee sale date is postponed, how much notice must trustee give to homeowner before can sell property?

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1. Licensed in CA

   

   Justin Graham

   Culver City Real Estate Attorney

   Contributor Level 12

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   Answered January 31, 2013 12:59. You are not entitled to written notice of a new sale date unless 365 days have passed since the notice of trustee sale. Section 2923.6 of the California Civil Codes says that a lender cannot sell property while it is under review for a modification of the first loan. If you default on your trial modification plan, the lender must send you a denial letter stating the reasons why. It cannot sell the property for 30 days from the denial letter. This statute is brand new, and it's not clear that all lenders in California know how it works. Consult an attorney who specializes in foreclosure prevention.

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2. Licensed in CA

   

   Richard Rodgers

   Thousand Oaks Real Estate Attorney

   Contributor Level 16

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   Answered January 31, 2013 12:16. If the postponed sale date is more than 365 days from the original sale date, the trustee must record and publish and give you a new notice. If less than 365 days, no new notice is required, just a "public declaration" which is usually by the trustee's website or telephone recorded information. [Civ.Code 2924g(d)]
   
   Richard A. Rodgers, Esq.
   (805) 230-2525
   200 N. Westlake Blvd. Ste 201
   Westlake Village, CA 91362
   rar@sd-attorneys.com
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   As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no... moreAs stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response. less

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3. Licensed in CA

   

   Douglas Michie

   Ventura Foreclosure Attorney

   Contributor Level 13

   Answered February 01, 2013 10:55. Generally lenders continue to postpone sale dates while a TPP is in progress. Contact the Trustee to determine the current sale date. If your lender actually cancelled the sale while you we're in the TPP, then they will have to post a new Notice of Trustee Sale giving you 21 days notice.

   www.michielawfirm.com I guess I would not feel lawyerly unless I wrote a disclaimer to this answer - after all,... morewww.michielawfirm.com I guess I would not feel lawyerly unless I wrote a disclaimer to this answer - after all, that is what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you have met online (and they tend to always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law. less

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