Legal Question in Real Estate Law in California

Is there an upset period after a trustee sale is completed in California


Asked on 10/13/09, 9:19 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you are asking whether the former owner has a right of redemption, the answer is no. A former owner who has suffered a judicial foreclosure probably has a right of redemption, but not an owner who has lost his property under a power of sale in a deed of trust. After the trustee's deed to the high bidder at the foreclosure sale has been recorded, the buyer has good title and there are very few grounds upon which the defaulting former owner can have the deed rescinded and recover ownership. Blatant fraud involving the trustee and/or the winning bidder might be reasons to set aside the sale, as would gross irregularities in the sale process, but even then a bona fide purchaser without knowledge of the irregularities might still get good title, and parties injured by the irregularities might be entitled only to money damages. A defaulting borrower under a deed of trust does have a right of redemption, but it expires five days before the trustee's sale.

Read more
Answered on 10/13/09, 10:11 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California