My question involves a foreclosure in the State of: California.
Our owner-occupied personal resident was sold at auction on October 31, 2007 by Countrywide. A private party investor bid, won and paid the sale auctioneer a cashier’s check at the auction. I witnessed the auction. We vacated the property on November 15th, two weeks later. The trustee’s deed (sheriff’s deed), transferring title to the new private party investor was recorded with the county on December 17th, 2007, six weeks after the sale.
The property was located within a homeowner’s association. The HOA dues were paid through October 31st. The HOA is now demanding payment for dues owed from November 1st until the recording date of December 17th. I faxed them a letter with supporting documentation proving the auction sale date and subsequent new owner. The HOA’s attorney rejected my argument and is now 30 days away from filing a lawsuit against us.
Question: Does not the sale auction on October 31st constitute actual notice? Does the constructive notice date (the recordation date) take precedence over the actual notice date and give them justification in their demands? Is there a court case that I could reference that would assist with getting them off my back?
Thanks for any assistance.