Legal Question in Real Estate Law in California

I am a resident of California. I had a first & second (HELOC) on my home. First was current but fell behind on second & that lender foreclosed & house was sold at auction. The new owner evicted me. He has not gotten a new loan & the first is still in my name. He is not making monthly payments and waits until the lender is about to file the foreclosure papers & then makes a payment to bring it current. The late payments are being reported against me and he recently had the mailing address changed to his personal residence but kept my name on the paperwork. He is trying to sell my old house.

What can I do to stop the negative credit reports & is he breaking the law? Did he commit mail fraud?


Asked on 1/13/10, 2:14 am

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

This is in one of our areas of expertise and I have seen this happen before. What a crook I bet he failed to notify the 1st lender that he was foreclosing because if he did they would have also done the same.

You need to immediately contact your 1st lender and apprise them of the situation and supply them the documents. They then will do unto him as he has done undo you. He is still using your credit to keep this house and he shouldn't be allowed to do that. It may be actionable but it is best to get this cleared up now. You should be able to get our 1st to fix their reporting ofhis late payments too.

Don't delay and let him further ruin your credit more so that it already has been.

Hope that helps and good luck.

Read more
Answered on 1/18/10, 11:45 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California