I had a real property in Sherman Oaks, California, it was foreclosed on March 2, 2010.Grant deed of 50 ownership file July 11, 2005.On July...

Question

I had a real property in Sherman Oaks, California, it was foreclosed on March 2, 2010.

Grant deed of 50% ownership file July 11, 2005.

On July 9, 2008 a Chapter 13 Bankruptcy was dismissed.

A notice of default was filed on Dec. 10, 2008.

March 27, 2009 Chapter 13 Bk was filed.

Chase Bank filed a claim for loan payments on property from MArch 2008 to Aug, 2008 and Sept. 2008 to March 2009. $94,787.62.

I am the plaintiff and owner of property, other owner is deceased, however ever I was never a party to the loan agreement and consequently never received any notifications.

The bank foreclosed on the property and sold it March 2, 2010, without ever giving me notification, no notice to Mechanic Lienholder, and no notifications after Bankruptcy was dismissed February 26, 2010.

Bank subsequently took illegal possession of property, no eviction process, took property, and left me without home. What are the causes of actions and potential damages. The Mechanic's lien was $167,000 and the property loss in property is estimated at around $50,000.

Answer

Your question raises too many questions to be able to answer. These include: what form of title did you hold? What form of title did the decedent hold, and are there beneficiaries of his/her estate who had an interest in the property? Who were the parties to the loan agreement? Who held the mechanics lien, and is that party also seeking remedies?

I strongly suggest that you seek the advice of a real estate litigation attorney immediately. You are coming close to a two year mark, and you may have claims that will be barred by the statute of limitations after that anniversary. If you would like a consultation, please contact my office.

Answer

I agree with Mr. Fox. Based on the information you have provided, the answer may be that you don't have a case. But based on other information, you may have a case. I suggest contacting a competent real estate attorney near you, as soon as possible, to discuss in detail.

It would help to know the following:

1. When was the deed of trust (which was the security instrument that was foreclosed) executed, and by whom?

2. How did you hold title to the property?

3. Who filed bankruptcy, you or the other owner?

4. When was the death of the other owner of the property?

5. If you held title as joint tenants, which would matter to answering your question in detail, was an affidavit of death of joint tenant recorded, and if so, when?

5. Did you ever request notices pursuant to Civil Code section 2924b, subdivision (a)?

Answer

If the grant deed was after the deed of trust to BofA, end of story. You have no case and no interest in the property that would give you any right to any notice of anything. If the grant deed of 50% to you was before the BofA loan, none of this makes sense and you REALLY need to sit down with an attorney in person.