Legal Question in Real Estate Law in Georgia
I bought a house at about $120,000. eight years ago.In June 2011, I lost the house because the bank would not work with me on the mortgage. Now the bank is selling the house and it is on the market for $34,000. They would not work with me when I got behind on the payments. The house was is as good a shape as when I purrchased it. It was a Wells Fargo goverment backed loan. Do I have any recourses?
2 Answers from Attorneys
Usually not (but read the whole answer).
While I will be the first to say that Wells Fargo, as well as the other major mortgage lenders (Bank of America, Chase, Citibank, etc), are completely and grossly mismanaged and have made absolutely foolish mistakes in not working with people like you, you may have very few options after the fact (acting before losing the house would have been better).
But the catch is that you did sign to the original terms, and, with one exception, the bank had no obligation to work with you. The exception is that federal law reuires lenders to do certain things as to modification. If the lender failed to do them, you might have a cause of action.
Additionally, there is a chance you could be sued for a deficiency and migt have to file bankruptcy.
Feel free to call me if you are in our area.
Let's look at the true facts. Did you lose the house because they "would not work with you," or did you lose the house because you breached the terms of the loan agreements that you signed when you got the loan or refinanced? Assuming it is the latter, then I am not sure what "recourse" you believe you have. THEY have recourse to possibly come after you for the deficiency after they sell the house (assuming they take the appropriate steps). You might have a defense if they don't sell it for market value, and obviously no one here knows that. In short, to have "recourse," you generally have to have a valid claim. If you were the one who defaulted, that does not give you a claim. If there are other facts that indicate the lender breached a contract, you did not provide them.
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