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I bought my house in 2005 with 1 APN number, but 2 lot numbers. A year later, we separated lots and now each one has its own

Bakersfield, CA |

APN number. On vacant lot, we started construction of a home, which is now 90% complete. On the deed, it shows lot 1 and lot 2, if property forecloses, what happens then? Will the sell individually or all as one package?

Thank you very much for your response. Now, if that is the case, how would they go on value of home? The house where I live is more or less about 115K and house under construcction is about 140K only because the house is too big for where the location is. Plus I have a first of 350K and a 2nd loan of 55K??

Attorney Answers 2


Foreclosure would be based on the legal description as set forth in the Deed of Trust, NOT based on the Assessor's Parcel Number(s). The APNs are used by the County Tax Assessor's office for property tax purposes, but it is the legal description that controls in terms of your loan. Therefore, you need to look at your loan documents, and in particular, the Deed of Trust.

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 (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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I'm concerned as to how you separated the lots. Did you process a parcel map with the city or county in which you are located? If you didn't properly subdivide the lots (and just having separate APNs doesn't cut it), then the bank would still have the right to foreclose on all of it. Whatever the bank lent against, it would have rights to.

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