notice of default refile after one year

[thebrain]

What is the name of your state (only U.S. law)? california

I recently moved into a home that was in forclosure. I didn't find out about the forclosure until the bank stuck a notice of trustee sale on my door, sale date march 24th. The landlord said not to worry he is working it out with the bank. I did alittle digging and I found out that the first and only notice of default was filed in Feburary of 2010.

My understanding is that a new notice of default must be filed if it has been over one year since the last notice was filed, and the whole time line starts over again. Is that correct??? The bank can not legelly forclose on march 24 because they still haveto file a new notice of default and wait another 90 days until the trustee sale?

 

[FlyingRon]

The statute says not less than three months. I see no upper end. Of course, it would have to be the owner who would have to make the claim that the trustee sale wasn't done with timely notice.

Frankly, I'd be working under the assumption that the sale WILL happen and you could be out within 90 days thereafter.