Legal Question in Real Estate Law in California

Re: Overturn an Illegal Foreclosure

The answer would frequently be "yes;" the law is quite strict with respect to foreclosures and defaulting borrowers have a variety of rights to set aside fraudulent or procedurally-botched foreclosures. However, a full dissertation on overturning illegal foreclosures is something that would require a 10,000-word law review article or maybe a three-inch thick treatise to cover adequately.

To start, the remedies would vary considerably between a judicial (court) foreclosure and foreclosure by trustee sale.

The remedies would vary depending upon the type of "illegality" claimed and whether the complaining party was the borrower/former owner, the lender, the buyer at foreclosure or maybe even the trustee itself.

Whether the borrower is in a position to cure the default would probably have some effect on the ultimate success of an attack on a foreclosure. Borrowers who are able to redeem are often in a much better position to complain.

Someone on LawGuru can probably get you a more useful answer if you ask a follow-up question discussing the type of foreclosure, why it was done improperly, how long ago it happened and whether the borrowers are in a position to pay what they owe.

Re: Overturn an Illegal Foreclosure

If the foreclosure was illegal or against the law, a lawsuit would have to be filed. Please call me if you have any questions. We would have to see your documentation to see if the foreclosure was illegal.