Legal Question in Real Estate Law in California

Re: Faulty foreclosure process due to fraud

First of all, you undoubtedly lost your home because you did not make all the payments. Secondly, there is absolutely no reason why you should rely on representations of any person during the process; the only way to stop a foreclosure (without paying all past due monies owed) would be to enter into a binding contractual agreement with the lender, such as a forbearance agreement. Many people call a lender on the phone and discuss ways they can try to salvage a house or halt a foreclosure and then do not carry out any of the methods related to them, or do not do it within the time necessary; merely DISCUSSING what could be done or what remedies may be available, without entering into an agreement in WRITING is NOT anything a reasonable person would or should rely upon.

Re: Faulty foreclosure process due to fraud

Sorry you lost your home, but isn't it a little late in the day to begin seeking legal help? What exactly do you mean by "detrimental reliance"? Did they do something other than what they had a right to do under the terms of the Note and Deed of Trust? If they promised you something different, did you get it in writing? Did you keep written records of each conversation, whom you spoke to, and when, and what was said? Did you write letters confirming what was said? If all you are talking about are verbal promises with no written proof, you won't get very far.

Re: Faulty foreclosure process due to fraud

You do have to give us many more facts, but in general it is a difficult case to prove. If you do not have something in writing, then it becomes your word against theirs and your is more suspect because the employees you spoke to have no direct economic benefit to lie. Also, they will probably say that you misunderstood what they actually were saying.

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