Legal Question in Real Estate Law in California
SOMEONE PLEASE HELP . I hired a law office to help me modify our home. During negotiation the bank sold the house to a broker without notifying me. we were not in foreclosure nor ever notified of short sale. How we found out we came home one day and seen a note on our door saying we have to be out of our house by aug.17th. This letter was found on door on Aug. 1 . When i called the law office to notify them of the situation they were suprised and now they are not answering or returning my phone calls. IS THIS LEGAL? what can we do to halt this process, can we go anywhere for help .
2 Answers from Attorneys
Sorry to see it, but it sounds like you've been had by the law firm. A lot of law firms and attorneys are in trouble right now for taking a lot of money upfront from folks to attempt loan modifications but they end up doing nothing or very little work. You should report them to the State Bar of California by calling 1-800-843-9053. It's also not a bad idea to leave a message and write this law firm a letter explaining you are making a complaint to the Bar. This usually get them to return your phone calls. You might also have to retain another attorney to rescind the sale in court if the broker was not an innocent bona-fide purchaser.
Larry L. Doan, Esq.
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I agree with the previous answer, and have a few thoughts to add. First, the facts as presented don't add up. How could the "bank" sell YOUR house? It belonged to you, right? Of course, a lender's trustee can sell your property, but that's a foreclosure -- and you were not in foreclosure. Did you give the law firm written authority to do a transaction, in addition to enlisting them to negotiate on your behalf?
The whole situation is spooky. I can envision two or three possible explanations: (1) Your property was actually in foreclosure and for some reason you didn't know. (2) You gave this law firm authority to make a deal on your behalf, and they made a deal without telling you. (3) Someone is forging documents.
One quick and inexpensive thing you can do is go to the County Recorder's office and look at all papers on file with regard to your property that were recorded in the last few months or years. Look especially for anything entitled Notice of Default, Notice of Sale, or Trustee's Deed. Obtain copies of all recent documents and carefully check the dates, signatures, notary seals, etc. for anything suspicious.
If the law firm has a nearby street address, go see them in person, taking the copies of the recorded documents with you.