Dear Anonymous,

The foreclosure is of the lien recorded against the property (the Deed of Trust) and is actually not an action against the individual borrower or owner of the home. Transfers of title subsequent-to the recording of the Deed of Trust do not in any way chance the rights of the lender to foreclose and take the property back for any default under the terms of the Deed of Trust or Promissory Note. In fact - the transfer of the property without refinancing it, or paying of the previous loan is, in and of itself, an event of default which specifically gives the lender the right to foreclose. The key is that the lender's action in foreclosing the property has nothing to do with who owns it, but is an action against the property itself which doesn't change just because ownership did.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California
david.gibbs@gibbslaw.com

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