Legal Question in Real Estate Law in California

Re: Wrongful Foreclosure

Your remedies are very limited after the fact and the law holds you responsible for keeping track of your loan status whether you travel or not. If you have impounded taxes, or an adjustable loan it may be that the payment increased and you did not know it. If the payment increased and you continued to send your old payment, they would merely hold the old payment in a suspense account and would not apply it to the loan because it would not be considered a full payment. The bottom line is that the argument that you did not know about the foreclosure is very weak and not likely to carry any weight in court. It takes over four months to foreclose (and they usually warn you for about 3 months before they start) and there is no justification for not keeping abreast of the status of your loan or providing the lender with an address where you can get and read your mail for that period of time.

Re: Wrongful Foreclosure

If the property has been sold, you can likely only sue for damages. The buyer is probably a holder in due course and takes the property free of any defenses or claims you have against the mortgagee or its Trustee.

Re: Wrongful Foreclosure

I have to look at the details. If the foreclosure was unlawful, you may be able to get the property back..plus. Contact me directly.