IS THIS FORECLOSURE SALE VALID?. DOES THIS TRUSTEE HAVE THE AUTHORITY TO EXERCISE THE POWER OF SALE?.?

Noahsark888
Both Buyer and Seller
Stockton, CA

When the 'SUBSTITUTION OF TRUSTEE' instrument was errorneously admitted into records by the County, absent a (1). 'CERTIFICATE OF ACKNOWLEDGEMENT' signed by same individuals ( private lenders ) who executed the substitution instrument, and, or, (2) The 'CERTIFICATE OF ACKNOWLEDGEMENT' accompanying the substitution instrument bears the signature of the same individual now being substituted as the new Trustee, rather than the signature of the Lenders who executed the substitution instrument. I gathered that 'SUBSTITUTION OF TRUSTEE' instrument must be executed and acknowledged by the Beneficiaries to be entitled to Recordation by the county; and if errorneously recorded without proper acknowledgement, it is still considered invalid and legally ineffective. Please advise. Thank You.

Answers (1)
Dot Chance
Agent
Studio City, CA
FIRST ANSWER

Naoahsark888,

This is a question for a real estate attorney. Have you tried asking this on http://www.LawGuru.com? If not, you may want to start there

Web Reference: http://www.DotChance.com
Sat Jul 11 2009, 13:48

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