Legal Question in Real Estate Law in California

If the house was foreclosed, the buyer [typically the lender] has full right to evict any remaining tenants. Any claim you may have is against the mod company, if you paid them any money under false pretenses. There was no 'legal action' they could do to stop or delay foreclosure except by negotiation based upon 'sympathy'.

I could disagree more with Terry on this one as this is an area we practice in. You might have recourse ( the ability to sue) against either your loan mod company for negligence in the way they handled your modification or the lender under California Civil Code 2923.5 for not doing a modification. That section of the Civil Code mandates that they explore alternatives to foreclosure before they foreclose. Sounds like they didn�t which is no surprise as the banks are as crooked as ever.

First by in the middle of a modification do you mean your relatives were on a trial payment plan or were they just waiting for a modification? If your loan mod company was a good one they should have been able to get the sale date pushed back while negotiating if the loan wasn't a complete disaster by the time the mod company started work. If they were on a trial plan and were making payments then the bank should not have sold the house. Anywhere in between you may or may not have been able to do something. When the house was noticed for sale, your loan mod company should have done many things which it seems they didn�t, such a s suggesting you file bankruptcy to delay the sale or file a lawsuit to do the same. I hope your loan mod company was a law firm!

Since this is a somewhat complicated analysis that I cannot do from what you provided, I would be willing to discuss your situation for free if you call me today at (886) 981-1850 or contact us through our website at bellilawfirm.com.

Good luck and hope to hear from you.