Legal Question in Real Estate Law in California

I need Real Estate Attorney Question regarding foreclosure and Notice to Quit.

I have default mortgage with Wells Fargo. Modification did not work out, so got a realtor and went for Short Sale, submitted package and Bank said they will assign a negotiator. Realtor has not heard from them once. Got notified that property been foreclosed on and other real estate agent got listing or trying to not sure. Called Wells Wargo with Realtor they said I called and cancelled short sale so property got foreclosed automatically. FANNIE MAE is the alleged owner now. Wells Fargo dont have records of the conversation to confirm cancellation. Bunch of CRAP!!! Talked to supervisor and submitted another short sale package to reverse the foreclosure. Now I got NOTICE TO QUIT from a law firm representing Fannie Mae. Called Wells Fargo again, they dont want to do anything. REcords are not updated supposedly they said they send email to supervisor in foreclosure department.Do I have legal recourse against Wells Fargo? What are my rights regarding Notice to Quit? How long can I stay in the property now? Can I extend eviction when it comes to it? Thank you.


Asked on 1/12/10, 12:21 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

This is one of our areas of practice and unfortunately you are not alone in your situation. The banks have done this to a lot of people. Your biggest problem is that they have already sold your home so it makes doing anything much more difficult. Ordinarily given Wells' conduct you might be able to sue them and get your house back if you were wrongfully denied a modification, but in your case you were going to do a short sale so it wouldn't make any sense to reverse the sale for you to sell it for a loss again. If this was your primary residence then the Bank cannot collect on any deficiency balance as to the first.

As to the eviction most of the time depending who is representing the bank they are somewhat incompetent and it takes them months to get around to actually filing the lawsuit.

If you wanted to slow down the eviction you would need to file a separate action for quiet title on your old house and then get a. temporary restraining order in that case to stop the eviction proceeding. You cannot challenge the actions of the foreclosure in the eviction proceedings.

If you would like to discuss your situation you may call us for a free consult at (866) 981-1850 or through our website at bellilawfirm.com

Good luck and hope this helps.

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Answered on 1/17/10, 6:58 pm


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