Need some help please. I have a situation where Trustee?s Deed was recorded more than 15 days after the sale. The previous owner is still occupying the property. His attorney claims that he has grounds to resign this sale since the TD was recorded late. In Section 2924, I do not see any wording that requires the recordation within 15 days, to perfect the sale. I understand that any new liens will be senior to TD, but can you tell me if there are grounds for rescission if the TD was recorded late? Appreciate any help.
Simple answer is NO … While it is better to receive and record the Trustee’s Deed Upon Sale within 15 calendar days (as that prefects the sale as of the date of the auction), a “late” (after 15 days) recording by itself is NOT “grounds to rescind” (overturn) the trustee sale. You should, however, go back to the county recorder’s office to see if there were any last minute filings. Specifically any recordings AFTER the trustee sale date and BEFORE the date you were able to record the TDUS. Of most relevance would be any lis pendens versus the lender pertaining to the loan/DOT you acquired. A lis pendens recorded *before* your acquisition was ‘perfected,’ technically puts you (everyone) on notice that a suit was filed.
Ditto. The TDUS can be recorded at any time - even months later.