Legal Question in Credit and Debt Law in California
My Home was foreclosed on January 2009. I was told that there was a Modification in progress & that I had until April 2009 to stay in the home. I was locked out of the Home after my HUD counselor had been given the same information. Is there anything I can still do? Also, I had 2 loan. The second lender keeps calling me everyday to collect a supposed balance after I was foreclosed. I never filed for Bankruptcy.
2 Answers from Attorneys
I'm sorry you were foreclosed on over a year ago, is this really the first time you've attempted to contact an attorney? I love the phrase "I was told." Usually it means that you got legal advice from someone who wasn't your attorney -- or worse, from your lender -- and you relied on the information anyway. You never filed bankruptcy to stop the foreclosure, why not? What do you want, brownie points for being a good little debtor and allowing the bank to foreclose? If they "locked you out of the home" you may have been illegally evicted, they were first required to sue you for unlawful detainer and obtain a writ of possession. Please hang up from the internet and call a bankruptcy lawyer in your area -- and don't wait another year.
So what have you been doing for the last year? What happened to your loan modification? If it didn't happen you should sue your HUD counselor for negligence. They also forgot to tell you about bankruptcy which could have delayed but not prevented the foreclosure and which would have gotten rid of the second and all your other bills.
Also how did you get locked out of house? I hope they had a court order or you also have an unlawful eviction case, but maybe your HUD counselor forgot to discuss that with you too.
I hope you didn't pay them any money and if you did demand it back.
You should do what Michael suggests and call a bankruptcy lawyer NOW to prevent the second from causing anymore difficulties for you such as garnishing your wages or seizing your bank accounts if they have sued you and gotten a judgment against you. If they haven't don't wait until they do, go see a bankruptcy lawyer now not later. If you delay your problems will only get more difficult to resolve.
Good luck and hope this helps.