Legal Question in Real Estate Law in California

Victim of a loan modification scam. Lost $1,000.00. Notified house sold at auction and facing eviction. What recourse do I have?


Asked on 11/02/09, 11:30 pm

3 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

You need to sue the loan modification people for your money back and damages as well as report them to the District Attorney in Sacramento. Everyone from the attorney general on down takes a dim view of loan mod scammers and have special programs to go after these people.

Unfortunately there is probably nothing you can to do save your home if it was already sold.

That's why you should only deal with licensed and insured attorneys who do modifications like ourselves.

The next step would be that the bank will start eviction proceedings. You may still be able to get money from the bank to move and avoid the eviction fight. It's called cash for keys. In essence they are willing pay you to leave quietly so they don't have to pay an attorney to evict you. They might pay you a couple thousand to move.

Sorry to hear about your situation and good luck to you.

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Answered on 11/08/09, 2:12 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The previous answer sums it up. The fact that you were scammed by a "loan modification" outfit very likely has no effect on the validity of the trustee's sale.

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Answered on 11/09/09, 12:11 am
Terry A. Nelson Nelson & Lawless

Probably nothing effective. Report it to police and Dept of Real Estate. If the 'company' is still doing business, you could sue, but will have to determine whether there is any likelihood of being able to actually recover any money from them, before spending time and money suing.

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Answered on 11/09/09, 3:23 pm


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