Legal Question in Real Estate Law in California
Foreclosure rescinded by mortgage co. left many probs
My house was foreclosed and sold, after 4 months of phone calls they realized they admitted they made a mistake and gave me the house back. 9 months later they filed the notices citing an error by the mortgage co. Istill had to pay ALL attorney fees and all other fees with regards to the filing of all the notices the lattorny fees and the postage and server fees. I still have the unlawful detainer on my record. A year later they did the same thing but this time because there was a third party involved they choose to ignore my situation. I have a record of all the info. what can I do?
3 Answers from Attorneys
Re: Foreclosure rescinded by mortgage co. left many probs
Sue them for your damages.
Re: Foreclosure rescinded by mortgage co. left many probs
Have you been represented by an attorney in any of this? Unfortunately, there are many legal matters where a winning party is not entitled to recover his/her attorney fees. Your lawyer should explain all this at the outset. As to why or how there could be a second mistaken foreclosure, something is rotten in Denmark here; either your lender/loan servicer is totally incompetent or there is something peculiar about the way you are handling your loan payments.
Re: Foreclosure rescinded by mortgage co. left many probs
We're in the fact is your attorney in all of this. While foreclosure is a nonjudicial process if they admit they are wrong is that use of process and you can sue the hack out of them up for all of your damages including credit report damages. But something is very very wrong. If it smells like a foreclosure, and looks like a foreclosure it's usually a foreclosure. If it is a screwup and they admit it, so be it. But if there is a second foreclosure, if it smells like a foreclosure, looks like a foreclosure why isn't it a foreclosure. What you are not telling us is what you are doing incorrectly in all possibility. Either that or your lender's procedures are just so screwed up that there is a question as to why they are still in the business. What can you do, hire a very good expert attorney in real estate/litigation, give them all the facts and paperwork and let them tell you the alternatives and you choose what you wanted do. Pay him or her for the advice and thank them because so far either you haven't done anything with attorney or you haven't gotten the proper advice.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
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