Homeowners who have had their interest in their homes foreclosed frequently feel wronged and file suit to set-aside the sale. Lender’s, and their agent’s, demurrers to homeowner’s complaints are frequently sustained. One reason is that homeowners usually cannot allege tender. California law requires a valid tender sufficient to cure the outstanding balance of the loan in order to challenge and unwind a non-judicial foreclosure sale.

   An exception to the tender requirement is when the trustee’s deed upon sale is “void” as opposed to “voidable”. Ordinary defects and irregularities in a sale render it merely voidable and not void, whereas substantially defective sales have been held void. “Substantially defective” means a defect in regard to a statutory provision which is regarded as mandatory. One such mandatory provision is Civil Code Section 2924g, subdivision (c)(1)(C), which provides for postponement of the trustee sale by instruction by the beneficiary to the trustee, or by mutual agreement between the trustor and beneficiary. Continue reading →

   If your home was in foreclosure in 2009 or 2010, you may be eligible for a free foreclosure review, which may provide you compensation. To learn more, watch this 4 minute video from the Federal Reserve. Choose “Independent Foreclosure Review PSA” dated May 23 from the drop-down list on the right.