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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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A notice of default was filed 8 years ago by a loan servicer

Customer Question

A notice of default was filed 8 years ago by a loan servicer that no longer exists.
JA: What state is this in? And when did the issue begin?
Customer: California. Can this be used now for an Notice of Sale?
JA: Has any paperwork been filed?
Customer: Yes. The NOD was filed with the recorder's office.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The substitution of Trustee contains the signatures of two robo signers that did not work for the servicer.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 3 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. I may take a moment to research or clarify issues. Okay?

Customer: replied 3 months ago.
OK
Expert:  Damien Bosco replied 3 months ago.

You understand that the Notice of Default and Notice of Sale are different, right?

Customer: replied 3 months ago.
I am knowledgeable after 8 years of battle.
Expert:  Damien Bosco replied 3 months ago.

So, if the lender filed the Notice of Default, the lender had the right to schedule a trustee sale. Did that ever occur?

Customer: replied 3 months ago.
No. It did not occur.
Customer: replied 3 months ago.
No. Only the NOD was filed by the defunct servicer 8 years ago.
Expert:  Damien Bosco replied 3 months ago.

So, what is your concern now. Is there an ongoing lawsuit at the moment? You mention that this has been going on for 8 years. After they filed it, 8 years ago nothing happened. No other lender took over, as far as you know?

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