Legal Question in Real Estate Law in California

My home was wrongful foreclsed and sold at auction ive been trying to find legal assistance but can not afford the high retainer fees since having to move. Can i file my own complaint against the leder if so what kind would i file so i dont have to walk away with trying to get something back. We were in the home 20 yrs an on a 30yr loan the lender gave us the run around when we kept trying to pay loan current we were told they had to obtain foreclosure fees attorney fees erc which needed be added to delinquent amt before could accept our pymt the first scheduled auction was cancelled after i provided my proof of funds to bring loan current an they told me i would be reinstated yet proceeded to ssle my home in july and i was Five day lock out by sheriff in november home sold to third party buyer while i was on phone with trustee an lender whim said they were contacting foreclosure attornet to stop the scheduled sale at auction to get back on line an tell me it had just sold. Then lender told me tgey would have to rescind the sale yet never did.


Asked on 3/31/16, 11:42 am

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

I am sorry to hear of your misfortune.

1. Yes, a person can file a complaint on behalf of him/herself (but there are many pitfalls and disadvantages).

2. The type of complaint (that is, the "cause(s) of action") depends on all the details.

If it was a wrongful foreclosure, you should be able to find an interested plaintiff's attorney specializing in this up near you (Tulare). Various laws may apply, such as the California Homeowner Bill of Rights:

http://oag.ca.gov/hbor

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Answered on 4/05/16, 6:36 pm


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