Our representative was attending an auction and purchased a property we were not interested in. As I understand, the way the auction was conducted not only our representative but other people thought the property we were interested in was up for sale. Other people could have bought the same property by mistake, but we were the unlucky one’s to purchase. Can this sale be disputed?
Anything can be disputed. The question is … does the auction company and trustee believe you have a legitimate argument to make thereby exposing them to some liability? The time to act is before the trustee issues the deed upon sale. You did not give any specifics as to who erred and why. The criers are usually pretty good about reading the trustee sale number (as documented in the notice of trustee sale) followed by the _“address is purported to be.” ?_There is also plenty of “_no warranty”?_CYA verbiage from the crier before they start the bidding. But if they err’ed by calling out the wrong trustee sale number or wrong address, you might have an argument to make. NOTE: The ‘address’ is not always representative of what you are buying. Look carefully at the parcel number(s) & legal description in the deed of trust.?
Can you share more as to why you think you might have a case for requesting that the trustee rescind the sale?
? ? It used to be that the entire legal description was required to be in the sale notice AND read at the sale. ? That obligation was removed about 20 years ago. ?Now, you just need to publish an APN and a common address. ?(I forget what is required if it is vacant land.) ??
? ? I know of one recent situation where a buyer got his money back after a sale when he bought the “wrong” property. ? I can’t recall the details but can find out. ??
? ? ? As Danny said, you need to move fast - preferably before the Deed is issued. ?Obviously, you do not want to record the Deed. ?It has only been in the last 5 years that “representatives” have been doing a most of the bidding rather than the principal (which was ALWAYS an individual) who had his very own money at ?stake. ? ?Many of the “representatives” know nothing about the properties they are bidding on and don’t have the years of experience to smell if something is fishy. ??