Legal Question in Real Estate Law in California
In or about 2/2010 my wife and I trusted a person who said our morgage was fraudulent. We trusted him and challenged every one and every business involved with our loan and process. We filed numerous papers, recissions etc. After a year or so we were told that this guy we trusted was no officer of the court or had the right to represent our loan. We were ordered to leave our home in two weeks. This guy said that he was going to continue to fight for our house and that we would be compensated for our loss by the loan company. Needless to say we have not recieved anything from anybody. What are my rights,if I have any. And what should I do?
2 Answers from Attorneys
It is difficult to give you a specific answer in this forum. I suggest you speak to a competent real estate attorney in your area, and bring all relevant documents, to determine where you rights and remedies are, if any. It is not clear whether this person was an attorney, as you mention he was "no officer of the court" or had not right to represent our loan, meaning he was a real estate broker, or a real estate agent supervised by a broker.
While I agree that conferring with a local real-estate lawyer is probably your best alternative, you might also consider:
(1) Contacting your lender to plead for an opportunity to explain that you were deceived and to bring your loan back into good graces;
(2) Contacting the California Department of Real Estate to lodge a complaint about the phony advisor and ask for their advice. Try starting with www.dre.ca.gov
(3) Contact your local police or sheriff to make a formal complaint - ask if they have a white collar crimes unit that enforces the new laws regarding real estate loan modification advisors.
(4) Contact your county district attorney (DA) and make a similar complaint
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