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RECODED DOCUMENTS ALL RECORDED AT 8AM???

Pomona, CA |

Why are all the recorded foreclosure documents for my home documented at 8am?? The trustee was not our original trustee as indicated in DEED OF TRUST. The company filing our foreclosure did not follow any procedure, AND they are attorneys for FREDDIE MAC! Isnt this a conflict of interest for homeowners?? I feel like we were forced into foreclosure because we did EVERYTHING POSSIBLE TO AVOID IT. JP MORGAN CHASE originally told us to miss the payments to get a loan mod. I think JP MORGAN CHASE also helped because our loan was originally with WASHINGTON MUTUAL.

Attorney Answers 2

Posted

Most county recorders prefer having one set time, so that there aren't recordings and re-recordings on the same day.
You have a lot of distress, and you need to discuss these issues with a good lawyer who is truly experienced in this line of work. The State Bar has done a good job of rooting out the worst of the offenders, but it cannot be comprehensive. A good lawyer can tell you your options during a free consultation, and give you both a price estimate and references to people for whom the lawyer has done similar work.

www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.

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Posted

Dear Pomona:

My esteemed counsel is correct, foreclosure sale documents are deemed to have been filed at 8:00 a.m. once the Trustee's Deed Upon Sale is recorded. This was done in response to bankruptcies being filed on the same day of a foreclosure and it becoming a war in the bankruptcy court as to what time the foreclosure took place and what time the bankruptcy was filed. To prevent this, the State law was changed to deem the sale effective at 8:00 a.m. on the day of the foreclosure sale once the Trustee's Deed of Sale is timely (and timely is the issue) recorded.

You may have a basis to reverse a foreclosure sale if there wasn't a substitution of Trustee filed before the sale took place. You would have to request a title company to provide you with that information. But a LOCAL lawyer in your community should be able to look that up and request that for you. If anything you should have the circumstances surrounding the foreclosure reviewed by an attorney to see if you have any recourse. You may have recourse if you were in the middle of a loan modification or trial payment period for example.

Good Luck

DO NOT RELY UPON ANYTHING YOU READ ON THE INTERNET AS THE SOLE SOURCE OF INFORMATION AS TO HOW TO DEAL WITH YOUR LEGAL PROBLEMS. The information provided here is not intended to constitute legal advice and is purely based upon the limited information provided by the inquirer. I urge each of you to seek out an attorney in your community who is familiar with your local court's requirements and practices that will sit down with you and help you formulate a financial strategy which suits the needs of you and your family. In many cases the consultation is absolutely FREE. It is only when we attorneys can meet you and ask all the questions we need to ask that we can fully advise you of your options.

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