If so, which statute would this be?
Yes, certainly. You don't indicate whether this is residential or commercial property. There are sometimes violations of the Perata Mortgage Relief Act (Civil Code, § 2923.5 et seq.) In such cases, the plaintiff homeowner could allege that lender did not contact borrower/owner to explore options to foreclosure prior to recording a Notice of Default, in violation of California Civil Code § 2923.5, and/or that borrower/owner was not properly notified of the pending foreclosure process pursuant to California Civil Code §§ 2924(b) and 2923.5.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
You should contact a competent foreclosure lawyer as soon as possible. Delay will be detrimental to your case.
I agree with the answers of each of my colleagues with an exception. When and how an "owner" became an owner may be important in the analysis.
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Estate Planning Attorney
I agree with my colleague Mr. Chen above, the owner absolutely must be provided notice of the foreclosure. CA Civil Code sections 2923.5 and 2924 would be the most important but there could be other issues and statutes as well. If these owners did not receive proper notice they should contact a foreclosure defense attorney immediately to protect their interests.