Legal Question in Real Estate Law in California

Our notice of default stated a trustee different from last recorded trustee, and the agent for this unrecorded trustee stated they were instructed by beneficiary to pursue foreclosure, however the actual beneficiary of record sent me two letters after notice of default was recorded, stating they were only the servicer and did not possess the note or deed, and to contact Freddie mac. However Freddie mac stated they were not holder of any documents either.

our house sold and on day trustees deed recorded, a reconveyance was filed that showed servicer was owner of interest when default recorded.

my question is if the owner of beneficial interest must instruct trustee to initiate foreclosure, yet on two occasions sent letters denying their ownership, wouldn't that indicate they did not instruct trustee or raise questions of wrongful foreclosure?


Asked on 4/21/14, 8:15 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think the main thing these facts indicate is that the mortgage industry allowed itself to become overly complex without spending the time, money or careful thought to figure out how to keep track of everything and how to keep borrowers properly informed. The right hand doesn't know what the left is doing. In your case, I am somewhat doubtful that you have a remedy, but I do suggest you present all the details to a local real-estate attorney who can review them and if necessary check the county recorder's records for your (former) property.

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Answered on 4/21/14, 8:22 pm


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