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Notice of default was recorded over 4 years ago. is it still

Customer Question
valid in California JA: Has any...
Notice of default was recorded over 4 years ago. is it still valid in California
JA: Has any paperwork been filed?
Customer: Notice of Trustee Sale has been filed
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
9/10/2017
Real Estate Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,444
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 2 months ago

If a Trutee's Sale has been postponed more than 356 days past the originally scheduled sale date, a new Notice of Trustee's Sale must be recorded and mailed. There is no requirement to refile a Notice of Default, it does not expire.

If the trustee's sale has been postponed more than 365 days past the originally scheduled trustee's sale date, a new Notice of Trustee's Sale must be recorded and mailed, but a new Notice of Default is not required.

There isn't a legal limit on the number of postponements. The sale can be postponed up to one year. California Civil Code section 2924g, subdivision (c)(1) provides:

" (c) (1) There may be a postponement or postponements of the sale
proceedings, including a postponement upon instruction by the
beneficiary to the trustee that the sale proceedings be postponed, at
any time prior to the completion of the sale for any period of time
not to exceed a total of 365 days from the date set forth in the
notice of sale. The trustee shall postpone the sale in accordance
with any of the following:
(A) Upon the order of any court of competent jurisdiction.
(B) If stayed by operation of law.
(C) By mutual agreement, whether oral or in writing, of any
trustor and any beneficiary or any mortgagor and any mortgagee.
(D) At the discretion of the trustee.
(2) In the event that the sale proceedings are postponed for a
period or periods totaling more than 365 days, the scheduling of any
further sale proceedings shall be preceded by giving a new notice of
sale in the manner prescribed in Section 2924f. New fees incurred for
the new notice of sale shall not exceed the amounts specified in
Sections 2924c and 2924d, and shall not exceed reasonable costs that
are necessary to comply with this paragraph."

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is much appreciated.

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Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,444
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