Legal Question in Real Estate Law in California

Possible Conflict Of Interest

The Mortgage Company who sold my home and the buyer have the same attorney. A wrongful foreclosure occurred on my home

I didn't receive a Notice of Default or Notice of Sale.One was filed at the Recorder's Office. My home was sold the same day I discovered my home was in default and up for sale. The mortgage company continued to accept my payments throughout the foreclosure (which I wasn't aware of). The home was sold as I had no notice or time to make up default balance, though I informed loan rep. the day of the sale that I was in the position to pay the total loan off within a few days, they insisted that the house was sold. Found out later that house wasn't sold until later that day. Also discovered that the same lawyer represents both the Lender and the Buyer. Can I do something about this?


Asked on 6/01/03, 4:23 am

2 Answers from Attorneys
Michael Olden Law Offices of Michael A. Olden

Re: Possible Conflict Of Interest

need more facts but yes you can -- you must immediatly get to an attorney who is specialized in real prop forcloure litigation --- i have heard your story before and it will depend on numbers of facts, especially regarding the reciept of notice of default and sale --- the conflict of interest of the attorney for the seller and buyer is interesting but not in and of itself enough --- hire an attorney now

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Answered on 6/01/03, 10:44 am
Larry Rothman Larry Rothman & Associates

Re: Possible Conflict Of Interest

The Civil Code is clear about the requirements for a foreclosure. There may be a conflict of interest based upon the facts. If you want to set aside the foreclosure a lawsuit and Lis Pendens should be filed. Please contact Mary at my office to set up an appointment for consultation if you wish.

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Answered on 6/01/03, 12:39 pm


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