Legal Question in Real Estate Law in California
lost our home to Foreclosure during a modification process are their any remedies. No notice of sale received or posted or a letter denying our modification.
Looking to litigate do I have a chance?
Asked on 1/18/11, 2:01 pm
3 Answers from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
No. Foreclosures are very easy to stop before they happen, but not afterwards.
Answered on 1/23/11, 2:58 pm
Anthony Roach
Law Office of Anthony A. Roach
The only grounds for setting aside a foreclosure sale conducted through a trustee's sale is to plead and prove that the statutory framework of the notices was not complied with. But even if successful, the lender can restart the foreclosure process.
Answered on 1/24/11, 9:01 am
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
If you won, you'd be obliged by the court to tender the amount then due on the loan. If you lost, you'd probably be liable for the lender's attorney fees.
Answered on 1/26/11, 1:19 pm