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Is there a violation of foreclosure law if the owners of the property subject to foreclosure are not notified of the sale?

San Pablo, CA |

If so, which statute would this be?

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Attorney answers 4

Best Answer

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 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.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference



Kindly further explain how "when and how an owner became an owner" may be important in the analysis?


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.

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