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Is there a deadline or time limit for how long the trustee or servicer has to release the trustee's deed upon sale?

Tustin, CA |

I bought a house at a foreclosure auction. A few days after the sale, an attorney for the trustee contacted me and said the loan servicer is conducting an investigation to see whether a letter the servicer sent to former owner two weeks before the sale about a loan modification violated the California law against dual-tracking. But its been almost two months, and the servicer hasn't come to a final decision. The trustee says they are just waiting on servicer's permission to release deed or rescind sale.

Attorney Answers 2


  1. I have seen trustee sales rescinded more than one year later. The Civil Code does not set forth a time limit for this sort of thing.


  2. If you were a "bona fide" purchaser of the property, you may have legal rights that would prevent them from not releasing the trustee's deed upon sale to you. You should seek advice from a qualified real estate attorney in your area.

    Nothing in this response should be construed as legal advice, or establishing an attorney-client relationship.

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