RECODED DOCUMENTS ALL RECORDED AT 8AM???

Asked over 2 years ago - 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)

  1. Andrew Kevin Jacobson

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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... more
  2. Renay Grace Rodriguez

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . 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... more

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