BofA is going to start dumping properties

[Anonymous]

These auction notices mean D&%K.

I just bought a home through a short sale from BAC and they had already sent 4 auction notices in the last 6 months. In fact, they sent an auction notice after approving the Short Sale as I was in escrow last month.

[SD Realtor]

True that… if a seller is in default during a short sale the notice of defaults and notice of trustee sales continue to be issued most of the time. So yes all of the notices in the statistics generally do not account for short sales in process and in some cases completed. There are times when we are researching what is going to sell at auction we come across homes already sold and closed escrow.

[SD Realtor]

True that… if a seller is in default during a short sale the notice of defaults and notice of trustee sales continue to be issued most of the time. So yes all of the notices in the statistics generally do not account for short sales in process and in some cases completed. There are times when we are researching what is going to sell at auction we come across homes already sold and closed escrow.

[SD Realtor]

True that… if a seller is in default during a short sale the notice of defaults and notice of trustee sales continue to be issued most of the time. So yes all of the notices in the statistics generally do not account for short sales in process and in some cases completed. There are times when we are researching what is going to sell at auction we come across homes already sold and closed escrow.

[SD Realtor]

True that… if a seller is in default during a short sale the notice of defaults and notice of trustee sales continue to be issued most of the time. So yes all of the notices in the statistics generally do not account for short sales in process and in some cases completed. There are times when we are researching what is going to sell at auction we come across homes already sold and closed escrow.

[SD Realtor]

True that… if a seller is in default during a short sale the notice of defaults and notice of trustee sales continue to be issued most of the time. So yes all of the notices in the statistics generally do not account for short sales in process and in some cases completed. There are times when we are researching what is going to sell at auction we come across homes already sold and closed escrow.

[bearishgurl]

[quote=racer76]These auction notices mean D&%K.

I just bought a home through a short sale from BAC and they had already sent 4 auction notices in the last 6 months. In fact, they sent an auction notice after approving the Short Sale as I was in escrow last month.[/quote]

racer76, there is a line of case law which favors the buyer of the trustees deed over a buyer in a (pending) sale. The trustees hired by lenders to sell defaulted trust deeds are highly regulated and must take instructions only from their client lender. In the absence of explicit instructions, they must follow the law. In the absence of communication from the lender, they will proceed with the sale, as is their job.

See Nguyen v. Calhoun (2003) 105 Cal.App.4th 428. (Log into My Findlaw or use Westlaw/Lexis).

Here, the buyer’s new loan funded one day BEFORE Calhoun purchased the defaulted trust deed from the trustee but knowledge of that funding was not properly and timely transmitted to the trustee. The 6th DCA reversed the judgment in favor of Calhoun, the buyer of the trustees deed and the Cal. Supreme court refused to hear the case.

You will note that much of this case law predates cell phones and e-mail but is still good law today for illustration of this point. (The underlying foreclosure of Nguyen’s property took place in 1998.) In those days, trustees would routinely sell the trust deed out from under any “imminent sale” and the law is on the side of the buyer of the trustee’s deed.

There is a HUGE ABYSS between a “short-sale being approved by a (beneficiary)” and the actual funding of that sale. Sans explicit instructions by its (lender) client, a trustee must go forth with the sale.

racer76, congrats on your successful closing of a (clueless RH/LH) problematic “short sale.” 🙂

[bearishgurl]

[quote=racer76]These auction notices mean D&%K.

I just bought a home through a short sale from BAC and they had already sent 4 auction notices in the last 6 months. In fact, they sent an auction notice after approving the Short Sale as I was in escrow last month.[/quote]

racer76, there is a line of case law which favors the buyer of the trustees deed over a buyer in a (pending) sale. The trustees hired by lenders to sell defaulted trust deeds are highly regulated and must take instructions only from their client lender. In the absence of explicit instructions, they must follow the law. In the absence of communication from the lender, they will proceed with the sale, as is their job.

See Nguyen v. Calhoun (2003) 105 Cal.App.4th 428. (Log into My Findlaw or use Westlaw/Lexis).

Here, the buyer’s new loan funded one day BEFORE Calhoun purchased the defaulted trust deed from the trustee but knowledge of that funding was not properly and timely transmitted to the trustee. The 6th DCA reversed the judgment in favor of Calhoun, the buyer of the trustees deed and the Cal. Supreme court refused to hear the case.

You will note that much of this case law predates cell phones and e-mail but is still good law today for illustration of this point. (The underlying foreclosure of Nguyen’s property took place in 1998.) In those days, trustees would routinely sell the trust deed out from under any “imminent sale” and the law is on the side of the buyer of the trustee’s deed.

There is a HUGE ABYSS between a “short-sale being approved by a (beneficiary)” and the actual funding of that sale. Sans explicit instructions by its (lender) client, a trustee must go forth with the sale.

racer76, congrats on your successful closing of a (clueless RH/LH) problematic “short sale.” 🙂

[bearishgurl]

[quote=racer76]These auction notices mean D&%K.

I just bought a home through a short sale from BAC and they had already sent 4 auction notices in the last 6 months. In fact, they sent an auction notice after approving the Short Sale as I was in escrow last month.[/quote]

racer76, there is a line of case law which favors the buyer of the trustees deed over a buyer in a (pending) sale. The trustees hired by lenders to sell defaulted trust deeds are highly regulated and must take instructions only from their client lender. In the absence of explicit instructions, they must follow the law. In the absence of communication from the lender, they will proceed with the sale, as is their job.

See Nguyen v. Calhoun (2003) 105 Cal.App.4th 428. (Log into My Findlaw or use Westlaw/Lexis).

Here, the buyer’s new loan funded one day BEFORE Calhoun purchased the defaulted trust deed from the trustee but knowledge of that funding was not properly and timely transmitted to the trustee. The 6th DCA reversed the judgment in favor of Calhoun, the buyer of the trustees deed and the Cal. Supreme court refused to hear the case.

You will note that much of this case law predates cell phones and e-mail but is still good law today for illustration of this point. (The underlying foreclosure of Nguyen’s property took place in 1998.) In those days, trustees would routinely sell the trust deed out from under any “imminent sale” and the law is on the side of the buyer of the trustee’s deed.

There is a HUGE ABYSS between a “short-sale being approved by a (beneficiary)” and the actual funding of that sale. Sans explicit instructions by its (lender) client, a trustee must go forth with the sale.

racer76, congrats on your successful closing of a (clueless RH/LH) problematic “short sale.” 🙂

[bearishgurl]

[quote=racer76]These auction notices mean D&%K.

I just bought a home through a short sale from BAC and they had already sent 4 auction notices in the last 6 months. In fact, they sent an auction notice after approving the Short Sale as I was in escrow last month.[/quote]

racer76, there is a line of case law which favors the buyer of the trustees deed over a buyer in a (pending) sale. The trustees hired by lenders to sell defaulted trust deeds are highly regulated and must take instructions only from their client lender. In the absence of explicit instructions, they must follow the law. In the absence of communication from the lender, they will proceed with the sale, as is their job.

See Nguyen v. Calhoun (2003) 105 Cal.App.4th 428. (Log into My Findlaw or use Westlaw/Lexis).

Here, the buyer’s new loan funded one day BEFORE Calhoun purchased the defaulted trust deed from the trustee but knowledge of that funding was not properly and timely transmitted to the trustee. The 6th DCA reversed the judgment in favor of Calhoun, the buyer of the trustees deed and the Cal. Supreme court refused to hear the case.

You will note that much of this case law predates cell phones and e-mail but is still good law today for illustration of this point. (The underlying foreclosure of Nguyen’s property took place in 1998.) In those days, trustees would routinely sell the trust deed out from under any “imminent sale” and the law is on the side of the buyer of the trustee’s deed.

There is a HUGE ABYSS between a “short-sale being approved by a (beneficiary)” and the actual funding of that sale. Sans explicit instructions by its (lender) client, a trustee must go forth with the sale.

racer76, congrats on your successful closing of a (clueless RH/LH) problematic “short sale.” 🙂

[bearishgurl]

[quote=racer76]These auction notices mean D&%K.

I just bought a home through a short sale from BAC and they had already sent 4 auction notices in the last 6 months. In fact, they sent an auction notice after approving the Short Sale as I was in escrow last month.[/quote]

racer76, there is a line of case law which favors the buyer of the trustees deed over a buyer in a (pending) sale. The trustees hired by lenders to sell defaulted trust deeds are highly regulated and must take instructions only from their client lender. In the absence of explicit instructions, they must follow the law. In the absence of communication from the lender, they will proceed with the sale, as is their job.

See Nguyen v. Calhoun (2003) 105 Cal.App.4th 428. (Log into My Findlaw or use Westlaw/Lexis).

Here, the buyer’s new loan funded one day BEFORE Calhoun purchased the defaulted trust deed from the trustee but knowledge of that funding was not properly and timely transmitted to the trustee. The 6th DCA reversed the judgment in favor of Calhoun, the buyer of the trustees deed and the Cal. Supreme court refused to hear the case.

You will note that much of this case law predates cell phones and e-mail but is still good law today for illustration of this point. (The underlying foreclosure of Nguyen’s property took place in 1998.) In those days, trustees would routinely sell the trust deed out from under any “imminent sale” and the law is on the side of the buyer of the trustee’s deed.

There is a HUGE ABYSS between a “short-sale being approved by a (beneficiary)” and the actual funding of that sale. Sans explicit instructions by its (lender) client, a trustee must go forth with the sale.

racer76, congrats on your successful closing of a (clueless RH/LH) problematic “short sale.” 🙂

[bearishgurl]

[quote=SD Realtor]. . . There are times when we are researching what is going to sell at auction we come across homes already sold and closed escrow.[/quote]

SDRealtor, it sounds like a lot of lenders are falling down on the job. IMHO, if these incompetent lenders would have just exercised their timely rights to a non-judicial foreclosure prior to all this “government intervention,” perhaps all the blood in the streets would have been washed down the storm drains by now. We might have now been referred to as “SD by the red sea” in the popular media, but we would have at least been able to see the light at the end of the tunnel, i.e. a semblance of health being restored to the local real estate market.

[bearishgurl]

[quote=SD Realtor]. . . There are times when we are researching what is going to sell at auction we come across homes already sold and closed escrow.[/quote]

SDRealtor, it sounds like a lot of lenders are falling down on the job. IMHO, if these incompetent lenders would have just exercised their timely rights to a non-judicial foreclosure prior to all this “government intervention,” perhaps all the blood in the streets would have been washed down the storm drains by now. We might have now been referred to as “SD by the red sea” in the popular media, but we would have at least been able to see the light at the end of the tunnel, i.e. a semblance of health being restored to the local real estate market.

[bearishgurl]

[quote=SD Realtor]. . . There are times when we are researching what is going to sell at auction we come across homes already sold and closed escrow.[/quote]

SDRealtor, it sounds like a lot of lenders are falling down on the job. IMHO, if these incompetent lenders would have just exercised their timely rights to a non-judicial foreclosure prior to all this “government intervention,” perhaps all the blood in the streets would have been washed down the storm drains by now. We might have now been referred to as “SD by the red sea” in the popular media, but we would have at least been able to see the light at the end of the tunnel, i.e. a semblance of health being restored to the local real estate market.

[bearishgurl]

[quote=SD Realtor]. . . There are times when we are researching what is going to sell at auction we come across homes already sold and closed escrow.[/quote]

SDRealtor, it sounds like a lot of lenders are falling down on the job. IMHO, if these incompetent lenders would have just exercised their timely rights to a non-judicial foreclosure prior to all this “government intervention,” perhaps all the blood in the streets would have been washed down the storm drains by now. We might have now been referred to as “SD by the red sea” in the popular media, but we would have at least been able to see the light at the end of the tunnel, i.e. a semblance of health being restored to the local real estate market.

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