What is the name of your state (only U.S. law)? California
I am in desperate need of information. At this point, my mind is just spinning with worry.
I have been renting the house I have been living in from Aunt #1 (Who promised me I can live in the house for as long as I want, no one will ever evict me) for a little more than 2 years now.
This past Sunday, someone posted a notice on the door, and took a camera picture of the post. When I greeted him and was going to ask what it was that he posted, he just turned and walked away to his vehicle. The post is a "Notice of Trustee's Sale."
The body of the post reads:
You are in default under a deed of trust, dated 8/23/2007. Unless you take action to protect your property, it may be sold at a public sale.
Notice is hereby given that CompanyABC, as a duly appointed trustee to the Deed of Trust executed by Aunt#2 dated 8/23/07, and recorded 8/28/07 will sell on 8/29/08 at 2pm at (courthouse address) at public auction, to the highest bidder. The undersigned Trustee disclaims any liability for any incorrectness of the address and any other common designation.
The total amount of the unpaid balance with interest thereon of the obligation secured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $$$$. It is possible that at the time of sale the opening bid may be less than the total indebtedness due.
Said sale will be made, in an "AS IS" condition, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal on the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and expenses of the Trustee and the trusts created by said Deed of Trust.
===============================================================
since I am not the owner of the house, I forwarded the note to Aunt#1 (whom I have been paying monthly rent to, including this month). When I first moved, the mail have been addressed to Aunt#1 indicating that she is the new owner of the house. Then a few months ago, the mail have been addressed to Aunt#2. I asked Aunt#1 what the deal is, and she said, Aunt#2 is only an owner by name and just added as a co-owner.
I am not keen to having dealings with Aunt#2, and would have moved if it weren't for Aunt#1 giving me a verbal guarantee that I don't have to deal with Aunt#2. Aunt#1 insists that she still owns the house. For proof, some of the insurance and city recorder's office mail are still addressed to her(Aunt#1).
I spent so much money to do some repairs to the house which Aunt#1 have said she will pay back later, just get the repairs done when necessary.
With the current economy, and prices on everything going up, I don't have money to move at this point. I may be able to find a place to rent, but I don't have money for a deposit.
Does the Notice mean I have to be out of the house by the end of this month? Or is my deadline the date above (8/29/08)? If I am not out of the house by 8/29/08 or the end of the month, what is going to happen? If I can't find a place to accommodate me until the beginning of next month, can I stay at the house until then? Do the dates indicate how long the payments have been missed? Do I have or am I entitled to any recourse?
I hope someone out there have answers for me..... Thanks in advance!
- NailBiter
I am in desperate need of information. At this point, my mind is just spinning with worry.
I have been renting the house I have been living in from Aunt #1 (Who promised me I can live in the house for as long as I want, no one will ever evict me) for a little more than 2 years now.
This past Sunday, someone posted a notice on the door, and took a camera picture of the post. When I greeted him and was going to ask what it was that he posted, he just turned and walked away to his vehicle. The post is a "Notice of Trustee's Sale."
The body of the post reads:
You are in default under a deed of trust, dated 8/23/2007. Unless you take action to protect your property, it may be sold at a public sale.
Notice is hereby given that CompanyABC, as a duly appointed trustee to the Deed of Trust executed by Aunt#2 dated 8/23/07, and recorded 8/28/07 will sell on 8/29/08 at 2pm at (courthouse address) at public auction, to the highest bidder. The undersigned Trustee disclaims any liability for any incorrectness of the address and any other common designation.
The total amount of the unpaid balance with interest thereon of the obligation secured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $$$$. It is possible that at the time of sale the opening bid may be less than the total indebtedness due.
Said sale will be made, in an "AS IS" condition, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal on the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and expenses of the Trustee and the trusts created by said Deed of Trust.
===============================================================
since I am not the owner of the house, I forwarded the note to Aunt#1 (whom I have been paying monthly rent to, including this month). When I first moved, the mail have been addressed to Aunt#1 indicating that she is the new owner of the house. Then a few months ago, the mail have been addressed to Aunt#2. I asked Aunt#1 what the deal is, and she said, Aunt#2 is only an owner by name and just added as a co-owner.
I am not keen to having dealings with Aunt#2, and would have moved if it weren't for Aunt#1 giving me a verbal guarantee that I don't have to deal with Aunt#2. Aunt#1 insists that she still owns the house. For proof, some of the insurance and city recorder's office mail are still addressed to her(Aunt#1).
I spent so much money to do some repairs to the house which Aunt#1 have said she will pay back later, just get the repairs done when necessary.
With the current economy, and prices on everything going up, I don't have money to move at this point. I may be able to find a place to rent, but I don't have money for a deposit.
Does the Notice mean I have to be out of the house by the end of this month? Or is my deadline the date above (8/29/08)? If I am not out of the house by 8/29/08 or the end of the month, what is going to happen? If I can't find a place to accommodate me until the beginning of next month, can I stay at the house until then? Do the dates indicate how long the payments have been missed? Do I have or am I entitled to any recourse?
I hope someone out there have answers for me..... Thanks in advance!
- NailBiter
