Legal Question in Real Estate Law in California

Well, let's start out with the process server. There is no requirement that legal process has to be carried out by a registered process server. Anyone over the age of 21 who is not a party to the case can serve legal papers. I do it myself from time to time.

Next, as to the standing of the foreclosing company. I haven't seen any of the papers in your UD case, so I don't know if by "foreclosing company" you mean the lender/beneficiary of the note, or the corporate trustee that carried out the foreclosure sale. I would expect the plaintiff in the UD case to be the new owner, which was the former note holder. If it is a Federally-chartered bank, or a lending institutiion, it may be exempt from registration as a foreign corporation in California - see Corporations Code sections 191 and 2104, for example.

Your question as to what you can do to get your house back before it's sold is, unfortunately, not timely. Your house has already been sold......that's what happens at a trustee's foreclosure sale. Perhaps you meant to ask what can be done to get your former house back before it's resold. There seem to be two possibilities: (1) find a basis to have the foreclosure sale set aside, and have it set aside; or (2) buy it from the new owner.

Most importantly, don't confuse appealing the UD suit with challenging the foreclosure. The problems you cite with respect to the UD suit (falsified declarations, lack of standing, defective service of process) will at best cause a reversal of the UD suit, but the foreclosure will be unaffected and the new owner of the house will simply bring another UD action, this time asking for additional damages for a longer delay in getting possession.

This leaves one possible basis (in your given facts) for overturning the foreclosure sale and having the trustee's deed rescinded......that an assignment of the deed of trust was signed by a person who purported to be, but was not in fact, a duly-authorized officer of the company making the assignment, and hence the assignment is a forgery and ineffective.

If you can prove this, you may have a case. If you would like a FREE analysis of whether you may have a case based on this possible forgery, please FAX or e-mail me, privately and off LawGuru, a clear and complete copy of the forged document together with any facts that show the signer was not an authorized officer, and I'll get back to you in 24 hours, no obligation.