Legal Question in Real Estate Law in California

Is this foreclosure corrupt?

In November we entered into defalt on our home and entered into an arrangement with out morgage co. (a Subordinate of Trust, ''security instrument'') to save our home. Now its March and we have recieved the first corrospondance from the morgage co since the aggrement was made. This corrospondance was to inform us that our contract was null and void, also that the forclosure would continue. As far as we know the home has not been listed as sold but we have been told by the co. that it was sold as of Feb. 28th. We have made all our payments since the contract was made and they tell us it's because papers were not signed and returned. Is there any legal action we can take to prevent us from losing our home or is there any way to prolong the process so we can find another place to move too. This just doesn't seem right that they can boot a whole family within a month over paperwork.


Asked on 3/13/02, 10:07 pm

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Is this foreclosure corrupt?

It seems that you made a forbearance agreement and these types of agreements are enforceable. A lawsuit seeking an injunction against a foreclosure would have to be filed. I would be happy to review the agreement, your accounting of what is owed, and any letters and foreclsoure/loan documents to 714 363 0229 and I will provide you with free consultation.

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Answered on 3/14/02, 1:39 pm


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