Foreclosure

questions & answers

Question: I recieved a Notice of Substition of Trustee. The recorded date that shows on this notice when my mortgage lender appointed the as a successor trustee shows a recording date of September 15, 2008. Which today is September 2 , 2008, so how can something have been recorded on a date that has not even happened yet? The sale is scheduled for September 5, 2008. What are my legal rights as to getting this sale postponed?

Answer: To get the sale postponed you will need to get a court to order the sale stopped. Given your time frame this would have to be done by filing a complaint and seeking a temporary restraining order from the Superior Court. That said, if there is simply a typo I don't see what grounds you would have. Frankly, I would need to know more about the circumstances and how the sale was noticed. But again, given your short time frame, you probably do not have a choice but to call a lawyer IMMEDIATELY and see if you have grounds to stop the sale. Best of luck.

QUESTIONS

  • I recieved a Notice of Substition of Trustee. The recorded date that shows on this notice when my mortgage lender appointed the as a successor trustee shows a recording date of September 15, 2008. Which today is September 2 , 2008, so how can something have been recorded on a date that has not even happened yet? The sale is scheduled for September 5, 2008. What are my legal rights as to getting this sale postponed?

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