Question for SD Realtor or anyone else who knows trustee sale stuff...

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Submitted by UCGal on April 13, 2010 - 4:07pm

I've been tracking one NOT property pretty closely. It's not to buy it - it's more to gauge the financial solvency of someone who we've been pursuing a legal judgment from. (Determining when to refile our suit.)

Anyway - when I was doing my weekly database diving to check the status - his trustee sale was no longer listed with priorityposting.com.

It was originally scheduled for Feb, got postponed to March, then to May. It still showed May last week, when I checked. Today it doesn't show at all through Priorityposting.com.

I've tried looking it up by TS Number, APN, Priority #... Nada.

I thought if a trustee sale was canceled, it would indicate it. Is it normal for a record to just disappear?

Could it just be because the previous date was more than 15 days past, and the new date is more than 15 days in the future? I didn't think those restrictions applied if you looked up by priority number.

Any insights appreciated.

Submitted by SD Realtor on April 13, 2010 - 4:17pm.

Hmmm... not really sure. I don't think it is normal but Priority has a pretty narrow search window like you indicated. Not really sure I can help you on that one UCG. Have you tried to contact the trustee directly?

Submitted by Effective Demand on April 13, 2010 - 5:33pm.

I'd check the recorders office, see if a cancellation has been processed, modified deed of trust, deed in lieu, or some other clue as to the disposition of the sale:

http://arcc.co.san-diego.ca.us/services/...

If that doesnt work, You can also PM me some search info and I can see if foreclosureradar has any additional clues.

It could be something as simple as the trustee has changed and the new trustee doesn't use priority posting or fidelityasap but some other platform.

My LL NTS has never been rescinded but a Modified Deed of Trust was filed. In situations like that it can be several months before the modified deed is recorded (I've seen as long as six) so it can be frustrating not knowing what is going.

Submitted by SD Realtor on April 13, 2010 - 10:22pm.

Yeah usually when there is some sort of mod or other measure recordings are not exactly done in an .... efficient manner to say the least.

Submitted by UCGal on April 14, 2010 - 7:19am.

Thanks guys.

I'll monitor the grant deed stuff (already doing that). I know it can take a while for stuff to get recorded.

Or perhaps it's just the window. The previous date for trustee sale was 3/27 - so last week was within the window, this week isn't. Next date isn't till the end of May... so not in the window yet.

Submitted by bearishgurl on April 15, 2010 - 2:05pm.

Yes, check the recorder's office online for a recission. If it's not there, then the foreclosing bank is either working out a trial mod with the trustor or, like another poster said, there has been a substitution of trustee which delayed the trustee's sale and the new substitution has not been filed yet. I would call the last known trustee and give them the property info and ask if they have a new sale date pending and/or what the status of the property is.

It's not uncommon for a TS to be postponed several times, even at the last minute.

Submitted by UCGal on May 11, 2010 - 8:10am.

Update:
No recissions ever showed up.
Today the trustee sale data showed up again on priorityposting.com. Date is 15 days from today - so it was missing because of the window. (Which is why I checked today... to see if that was the reason.)

Interesting observation... it appears that foreclosureradars free search does NOT show properties that are in that priorityposting 'out of 15 day window' state. It had appeared as an auction property, previously, on FR. When it was no longer visible through Priority, it disappeared from FR as well. As of this morning, it hasn't shown up on FR again - but I suspect that's a data lag - it will show up in the next few days. That seems to be a hole in FR's data if it only shows homes that are listed on Priority that are within the 15 day window.

I fully expect this trustee sale to be postponed again - it's got a pending short sale going. (Although I don't think the short sale will go through since there are tax liens and absentee judgments).

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