QUESTION

foreclosure

Asked on Mar 30th, 2017 on Real Estate - California
More details to this question:
If a bank has filed foreclosure on a commercial building, and they accepted a loan payment afterwards, does that cancel the foreclosure procedure?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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No, not unless there is more to the story. It is not unusual for a lender to agree to postpone a foreclosure sale for a short time in exchange for a payment of some negotiated amount of money. I would expect it would have to be at least enough to cover the interest for the period of the postponement. It is theoretically possible that a lender might agree to a cancel a foreclosure in exchange for a single payment, especially if the payment were large and the lender needed the money, for example, to get the property taxes paid by April 10 or the income taxes paid by April 15. Even if something like that happened, the payment alone won't stop the foreclosure sale. Only the lender or a court judge can stop the sale. If you had such a deal with the lender, and the lender was moving forward with the sale in breach of the agreement, you would have to go to court to ask a judge to stop the sale. It will take a lawyer at least a day or two to put the paperwork together, and the lender and the trustee must be given at least a day's notice that the lawyer is going to court. So if you want to go to court, hire a lawyer right now. Don't wait. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Mar 31st, 2017 at 10:07 AM

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