The trustee sale was not filed with the correct apn number. Therefore, it does not appear on correct property. Can I stop the sale because of this?
You might be able to convince the foreclosure trustee not to go to sale with written notification that they are making a mistake. But many other factors come into play. For example... Is your property the one being forclosed on and they list incorrect APN and the legal description is correct? Or are you perfectly up to date on your mortgage and they put your APN and you are worried they are wrongfully selling your house? The answer turns in part which perimeter you are.
However regardless which one you are I tell you and everyone it is tremendously expensive and very hard to convince any judge in California that your property was wrongfully foreclosed upon AFTER the sale takes place. I implore you to find an attorney in your community to advise you on proper steps to get an injunction or if you have other reasons and you qualify explore a possibility of filing Chapter 13 Bankruptcy to stop the sale and then sort out what steps are necessary to fix the problem. PLEASE get help for this issue. Many attorneys will give you a free consultation. Also please do not let your local realtor or broker give you legal advice as to how you should proceed. To many hungry ones out there looking to take advantage of your fear.
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Let me just say it is possible to obtain an injunction to stop a foreclosure sale if the notice of sale is invalid or improperly posted or recorded.
However, if you are only taking about an incorrect Assessors Parcel Number, I doubt you will succeed in obtaining an injunction because an APN is a reference used by the county tax assessor. It is the "legal description" which is important.
Frank W. Chen is licensed to practice law in the State of California. 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. For specific advice about your particular situation, consult your own attorney.
I have been actively engaged as a real estate attorney for the past 31 years. Originally, I was a real estate attorney for Transamerican Title Insurance Company. Thereafter, I performed legal services for many of your major developers and have represented and sued many of your major local brokers. Our office represents individuals in Buy/Sell transactions on a regular and frequent basis.
Unless you are dealing with a state chartered bank, any action to restrain the foreclosure conduct on the part of the lender would have to be filed in Federal Court. I just want to make certain you get your best bang for the buck as this would be an expensive proposition. Even assuming we could get the temporary restraining order based on their technical error, nevertheless, they could simply refile the Notice of Trustee Sale with the appropriate APN number and commence with the foreclosure. If I was opposing counsel for the lender and you filed a lawsuit in Federal Court and filed a Motion to this subject foreclosure, I would simply instruct my client to file a new amended Notice of Trustee Sale. This really wouldn't provide you any effective relief unless you are looking for about maybe a 60 day extension.
I hope this is helpful.
John N. Kitta
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