Legal Question in Real Estate Law in California

We believe unlawful foreclosure & sale of our home

We had an agreement with A LOAN CO to catch up on past due pymts on 5-1-07 Called several times to set up arrangements - no call back - at 10:59 a.m. the title co sold our home. THE rep had been promoted and did not answer calls or fax I sent. When they did call me back it was too late and asked why I hadn't asked for a supervisor. why would I when I had been talking to the same woman for over a month? We know we can't get our house back but can we do anything???


Asked on 6/12/07, 5:37 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: We believe unlawful foreclosure & sale of our home

Sounds to me that you may have a lawsuit against the lender for negligence and misrepresentation. The lender knew or should have known your house was in foreclosure and you were relying on their representations to your detriment. Had the lender told you that it would not have been able to stop the foreclosure of your home, you could have taken other action to stop the foreclosure, like filing bankruptcy.

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Answered on 6/13/07, 1:02 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: We believe unlawful foreclosure & sale of our home

Unfortunately no. The loan company has no obligation to return your calls and any agreement you make with the lender must be in writing to be enforceable.

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Answered on 6/12/07, 8:34 pm


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