Sienna33, Other/Just Looking in Ontario, CA

A substitution of trustee was sent to my house. Is my landlord in foreclosure.?

Asked by Sienna33, Ontario, CA Fri Apr 24, 2009

We know that she was already sent a NOD? Is the house we are renting still in foreclosure.

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If you are certain that she was sent a Notice of Default that is not a guarantee that the home will ultimately go to foreclosure. The NOD indicates that she is substantially late on her mortgage payments and must make arrangements to become current on her loan within a certain period of time or the lender will be forced to file a Notice of Trustee Sale notice which is the final document she will receive prior to the sale. Typically, the Notice of Trustee Sale notice is delivered and posted on the front door 20-30 days from the date of the sale.

A substitution of trustee is completely different. All that states is that the lender wishes to use a different company to handle the trustee sale in the event the foreclosure should happen. It is a notice of public record that informs you that a party to the original trust deed has been changed.

Hope I helped! When you see a Notice of Trustee Sale posted on the premises in an open and notable location then the sale date will be posted on the notice. As a tenant you will have 60 days from the time you are served with eviction papers AFTER the sale before you will be forced to vacate.

Diane Wheatley, Broker
diane@moveupproperties.com
2 votes Thank Flag Link Fri Apr 24, 2009
You are right!! If your landlord received NOD and now trustee notice then they are in foreclosure process. That trustee notice must have a sales notice also when it will be auctioned in court step.
0 votes Thank Flag Link Fri Apr 24, 2009
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