Legal Question in Real Estate Law in California
A borrower of a real estate property dies in 2007, a death certificate notice is filed with the lender. No assumption or assignment is done,
In 2009, the lender does an assignment to a foreclosure trustee, and forecloses on the property. NO noticifications are done, except allegedly to the deceased person.
IN 2010, the lender forecloses on the property.
Is the foreclosure legal?
Asked on 2/22/12, 7:31 pm
1 Answer from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
It is, unless you can provide some proof that the property was properly probated, or was in a joint tenancy, and the surviving joint tenant or heir properly requested the foreclosure notices in compliance with the Civil Code.
Answered on 2/23/12, 8:39 am
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