Legal Question in Real Estate Law in California

Foreclose

I have a civil lawsuite pending since ''06'' with that I placed a Lis Pendens on the property. I have just found the defendant stop making the mortgage pmts. If the lender tried to foreclose on the defendant will they see the lis pendens when they try to auction it what will happen then?


Asked on 1/15/09, 5:30 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Foreclose

The lender will foreclose and sell the property at auction for whatever they can get. IF there is anything recovered more than the amount needed to fully pay that lender, then it will be available to whoever has other claims on the property. You'd better get counsel to help you in this, to try to protect your interest in the equity. California court rules dictate that cases be tried within one year of filing, you're now two years +, and at risk of dismissal of your case for failure to prosecute.

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Answered on 1/16/09, 2:32 pm


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