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About Dennis Herman
Expertise
I can answer questions on Real Estate such as question on writing an Offer to Purchase. What can go wrong after an offer is written? What is Buyer Agency and what will it do for me? What is a foreclosure? What is the difference between a foreclosure, a bank owned property and a short sale? What is the best way to locate a property? What steps can be taken to avoid foreclosure? How do Real Estate Agents get paid? How can I quickly build equity in a home? How do I view homes? What types of homes will have the best prices? How do I choose an agent? What types of financing are available?

Experience
Residential and commercial real estate. New home purchases. Buyer Agency. First time home buyers. Foreclosures, bank owned properties, estate sales and short sales.

Organizations
Greater Milwaukee Realtors Association Wisconsin Realtors Association National Association of Realtors

Publications
http://activerain.com/bloghome

Education/Credentials
State of Wisconsin Licensed Real Estate Sales Agent Accredited Buyer Agency Training Relocation Training Certified Senior Citizen Representative Wisconsin Real Estate Continuing Education

 
   

You are here:  Experts > Real Estate > Foreclosure > Foreclosure > Notice of Trustee's Sale and Rescission

Foreclosure - Notice of Trustee's Sale and Rescission


Expert: Dennis Herman - 2/26/2009

Question
Q1: I came across a property having two Notices of Trustee's Sale, one on September and one on December. Same Trustee, same Beneficiary, same Trustor, and same Default. Why is that?
Q2: What does a Rescission do? It is a notice to withdraw/cancel a default/sale dated January this year. When I looked up the property online, I saw that it is still listed for sale. Why?

Answer
I am licensed in the state of Wisconsin to market and sell property.  These questions are bordering on the legal level.  I am a licensed Real Estate Agent and not licensed to practice law.  

A quick search of the Internet can answer these questions for you.  I can offer a general explanation.  To obtain a more definitive answer you may want to contact a local attorney.

Notice of Trustee's Sale

This is exactly what it says it is, a notice.  Depending upon the state or county the property is located the court orders a notice to be published.  This is a matter of public record.  This allows all interested parties a chance to bid on the property when the sale is made public.  The state or county requires a number of postings.  It may be 2, 4 or maybe 6.  

Rescission
You are correct, a rescission means to set aside a contract.  I am not sure what contract was set aside.  If there was an offer of purchase and the deal fell through, did not successfully close, the offer to purchase may have been voided with a cancellation, mutual release.  Hence the property will be back on the market.  If the listing contract was withdrawn, the listing may be moved to another broker.  This is very common with bank owned properties.  You can call the listing agent, they may have more details on the property.

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