Wait, what?

California Civil Code, CIV § 2924f(b)(8)(A) requires public recording in the county clerk's office as well as newspaper pub-lication of a formal notice of a trustee’s sale, with the foreclosure auction time, date & place, also advertising what is being sold by allegedly authorized parties, i.e., stated as follows:

"You will be bidding on a LIEN, not on the property itself. Placing the highest bid at a trustee auction does NOT automatically entitle you to free and clear ownership of the property."

(emphasis added - see link below for entire code)

So... the winning bidder at a foreclosure auction does NOT TAKE "TITLE TO THE PROPERTY ITSELF?" What good is taking just a "LIEN?"

Surely ... that still means the winning bidder owns the house, right? RIGHT???


  • ummmmm....

  • California Civil Code, CIV § 2888 reads: "Notwithstanding an agreement to the contrary, a lien, or a contract for a lien, transfers no title to the property subject to the lien."

But .. why in the world would they do that??

Because if a homeowner could actually be stripped of title ownership of their real property and home, from the mere filing of a few often forged, fraudulent and fabricated documents which escape any scrutiny by county clerk recorders, then the entire "2924 scheme" of nonjudicial foreclosures in California would be subject to a massive Constitutional Challenge, and lose. That's why.

You're welcome.


For further study see: "California's Nonjudicial Foreclosure Two-Step Should be Danced to the Right Tune", (excerpt image below). Author: Robert N. Janes, http://www.esprouts.com/ebud-store.php.

CIV § 2924f(b)(8)(A) [click for entire 2924f statute]