Silent quitclaim, Substitution of trustee not properly executed, FHA loan never offered face to face meet. how did I loose this?
home was forclosed, buyer files UD, I file BK. month later I get copy of quitclaim mailed from county recorders.buyer finds out i know about quitclaim, buyer suddenly states in court hes the agent with letter from new owner stating approval of representation (never filed) 2 days later initial buyer states in BK court that he is the owner. I also discover Substitution of Trustee was not properly executed. JEFF STENMAN signed the document.
REBECCA A. BAKER was acknowledged by the NOTARY as the person who signed the Substitution of Trustee. STENMAN's signature was never notarized on the document, and consequently, Northwest Trustee did not have the authority or the power to conduct the sale. I had an FHA loan and was never offered a face to face meet. judgement in favor to plaintiff!!! why?
Nathan’s Answer
Foreclosure defense is best practiced BEFORE the foreclosure ever takes place. It is very difficult in California to overcome a home foreclosure due to technical mistakes especially after the foreclosure takes place and there is a 3rd party buyer. less so if the bank buys it back because no one purchases the property at auction. Buyers usually take as innocent purchasers so unless fraud could be proven, it would be very difficult to convince everyone to unwind the sale.
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