Post Judgment Assignments Continue to Baffle Homeowners and Foreclosure Defense Lawyers
Posted on December 4, 2019 by Neil Garfield
Charles Koppa in San Diego was the first person to point out to me that the activities after even a nonjudicial sale told the real story about the what was going on. That was back in 2008. Lately I have been getting questions relating to post-sale or post judgment activities.
There is a doctrine that says that upon judgment in a judicial state or upon sale in a nonjudicial state, the mortgage or deed of trust is merged into the judgment or sale respectively.
The most recent questions I have received suggest that perhaps the debt, note and mortgage or deed of trust is extinguished by the judgment or sale. They are not. Merger is different from invalidation or extinguishment. And vacating a judgment or sale merely restores the parties back to where they were before the judgment or sale.
But sloppy orders from the bench sometimes creates doubt or uncertainty as to the rights and duties of the parties.
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Foreclosure Rescue Scam Alert
The following information and viewpoint is a personal opinion and deeply held religious belief of the author; and is shared with the sole intent to help homeowners & borrowers who may be facing foreclosure or who are currently experiencing financial hardship or difficulty with a mortgage avoid foreclosure traps, pitfalls, and swindles.
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