Legal Question in Real Estate Law in California

What leagal recourse does my husband and I have when our lender took actions that ensured our home went into forclosure. 1.) Changed locks when the buyer went to see the property (cash buyer) with approval for sale. Buyer cancelled deal. 2.) Representative of the bank took property (stove) out the residence without permission. 3.) Stalled and sent countless amounts of paperwork to perspective (approved) buyers delaying the process to the frustration of the buyer. 4.) Presented with cash buyers and still foreclosed on property.


Asked on 7/13/12, 2:45 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It isn't at all unusual for a lender to foreclose while a short sale or loan modification is under way. In fact, legislation is currently making its way through the legislature that would, hopefully at least, prevent lenders from foreclosing while they are also dealing with the borrower on alternatives to foreclosure. I don't believe this new law has gone into effect yet. However, the problem being addressed is very real.

On the other hand, your have some additional and rather unusual complaints. I am rather surprised to learn that a lender or its representative or contractor would change the locks on a borrower's property, pre-foreclosure; or that any item within the property would be removed. Was there something peculiar about the removed stove -- either as to its ownership, type, purpose, safety, etc. that might suggest why it was selected for removal? Was it a theft? How do you know the lender's representative changed the locks and/or removed the stove? Were you at home when these things happened? Did you receive any forewarning? Are you sure they didn't happen after a foreclosure took place?

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Answered on 7/13/12, 3:10 pm
Anthony Roach Law Office of Anthony A. Roach

The lender is not permitted to engage in self help without first foreclosing. If the foreclosure did not occur, and the lender changed the locks, you may have a legal ground to sue.

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Answered on 7/23/12, 3:59 pm


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