In CA, does the trustee noticing a foreclosure...
...sale for a 1st mtg, have to notice jr judgment lienholders? I was told that if you hold a judgment lien on a property in California, which also has a 1st mortgage on it, then if the 1st mortgage lender forecloses, the company handling the foreclosure does *not* have to give you notice! (And therefore, you have no ability to bid at the sale or cure the 1st mortgage to protect your junior judgment lien, since you don't know about the sale.) Is this really true under California law?I realize intuitively, you would think that all lienholders have to be noticed of a sale, including judgment lienholders and not just junior mortgage holders. But I need someone familiar with California law to answer this question to be sure.The first answer given below is not sufficient because the respondent is out of California and may not be familiar with quirks in California law related to noticing judgment lienholders.
|