From the comments — this is the kind of proactive behavior needed. Don’t just go along with the “procedure.” Let people know the title is not good. File what you can in the county records as a property filing, legal filing or whatever you can.
CJ-Pro Se Ingenuity
If you didn’t get help, this may be worth a try, and I am NOT a lawyer, just another person using legal issues to delay, and hopefully overturn, our own foreclosure…
BTW, I attended the “sale” on the county office steps for the day my home was set to sell, just recently, although I had already successfully bought time with a delay tactic and had the date pushed back…just because I was curious, and wanted to see the kind of people who attended the auctions looking for “deals”, as well as see if anyone was there specifically hoping to snag MY home….anyways…
Here is my idea. First, get up EARLY and fax a demand to any all fax numbers you have for the lender, the trustee company, mortgage servicer, any legal vendor handling the noticing that you have received, or the final “notice of trustee sale” you got 3+ weeks ago.
In your fax, besides noting your address, loan #, name, contact info, etc. and “URGENT-TRUSTEE SALE DATE TODAY AT xxx A.M (or P.M.), say something like “I immediately request (insist? your call) a suspension of the foreclosure proceedings, especially the trustee sale scheduled for later today at xx a.m., due to (choose something to this effect, per your comfort level with the wording) apparent inconsistencies between the legal notices I have received regarding this default, foreclosure and trustee sale and my original loan documents I signed.
I am extremely serious about my options to pursue legal recourse against any entity, company, loan investor, 3rd party vendor or other related party who participates in finalizing this foreclosure at today’s trustee sale, or afterwards.
Please notify me immediately that you are in receipt of this notice.”
Now, not being a lawyer, i am loathe to say what will work, BUT, anything to save your home is something you may be into, right? So here is what I am guessing will happen IF you can get that fax into the hands of someone smart enough to know about this new wrinkle in foreclosure lawsuits IN TIME tomorrow:
They hopefully will notify the person handling the sale (the one with the clipboard, there to see if there are any buyers, otherwise they report back into each lender on which properties had new buyers, and which the lenders have to “buy back” themselves) that your property sale has been cancelled for that day by beneficiary request.
If not, or you didn’t get your fax to anyone on time (or phone call to any/all phone numbers on your Notice of Trustee Sale-because those generally go TO the company/vendor who has the power to STOP the sale minutes before it occurs), bring a copy of the fax TO THE SALE LOCATION. FIND the person with the clipboard before they start announcing the homes for sale tomorrow, or at least TELL them when they ask if there are any buyers present for YOUR address that you have a legal issue that might affect the ability to sell it to ANYONE (a new buyer, or reverting back to the lender if no buyer). Ask for 30 seconds of their time privately if possible, and without giving them any sob story, give them the copy of the fax, TELL them you already faxed it off to the lender, trustee, servicer, etc. and that the property may be a legal hot potato, for ALL parties (inferring THEM TOO) if the sale proceeds tomorrow…and that maybe they may want to handle it in a fashion that is conservative
regarding what the status may be for LEGALLY continuing with the sale tomorrow.
They may be savvy enough to not want to deal with it, offer it to any new buyer (probably very unlikely anyone will buy your house tomorrow EXCEPT the lender “buying” it back themselves after no buyer shows), or report back to your lender after they get back to their office anything other than, “um, you guys (to your lender) get a fax regarding a legal thing on this address? Because the homeowner showed up and gave me a copy of the fax, and I am pretty uncomfortable with how I fit in here…so….instead of this property reverting to you, maybe you need to look into this before taking it back, and make sure someone in your legal department is seeing this fax?”.
Now, as far as I can tell, assuming there is no NEW buyer tomorrow for your home, the “crier” or “cryer” (as in town crier from the olden days) handling the sales tomorrow just returns news to the lenders holding the notes on tomorrow’s list of addresses as to which properties had no buyers, i.e. which properties were cleared for the lenders to take back, which ends your foreclosure and ownership. That must happen AFTER the crier reports to them, in some sort of document process that I assume can’t just magically occur instantaneously on the “courthouse steps” or whatever location your Sale Notice states…
This means you can possibly STOP tomorrow’s sale, even if you see no proof of your success or hear from anyone before the end of the business day. Perhaps the crier will be kind enough to talk to you AFTER their business is done and they have concluded the rest of the list and everyone has dispersed. They may tell you enough to confirm that it isn’t THEM that does any paperwork to conclude the foreclosure “repossession”, if my assumptions are correct.
Be SUPER respectful of them, their job, and their knowledge. Don’t get in their face in any negative, threatening or pathetic (pleading, crying) kind of way. Just get that seed of doubt in them, that they are part of a process that may be going legally awry, since I doubt they want to touch any unusual situation, and I don’t even think THEY personally “sell” the home back to the lender either.
If you luck out, you will get an extension on the sale date, and have time to regroup. What I DON’T know is how much to emphasize to the lender (or any party on their side of the foreclosure proceedings) how far you may be considering going legally, or how MUCH you know about possible legal defenses to delay or overturn the foreclosure. In other words, if you tell them too much, and they figure out what your possible plans are, what if that gives them time to go FIND the original note??? There goes the surprise factor of one of your angles if you take it to court, hoping to overturn the entire thing per the encouraging info from this site.
I am extremely interested in hearing what happens tomorrow, and hope you are reading this in time. Again, PLEASE consider my ideas as well-intentioned and NOT proven, NOT coming from a lawyer and NOT coming from someone who has successfully concluded my own case! I felt I had to respond when I saw your sale date, that’s all! I delayed my own date by different means, focusing on other improprieties in the process that I pointed out to the lender, although it was only a few days before the auction date as well.
Good luck, and if you get your delay, read every link to other good sites, including some of my faves:
The Home Equity Theft Report,
Homeownership Preservation Foundation, and San Diego Predatory Lending, and even the ABA, who is reporting the “true sale” (who really has the Note) legal defense as REAL and worthy, legally sound, etc. in their attorney forums and news!
Sorry this was sooooo long…
Signing off from Central CA! FYI, I am not putting my email address out there at the moment, due to being in the hairy phase with my lender on negotiations, so I will check this forum again to see how you did, if you care to share news!