Legal Question in Real Estate Law in Georgia
I filed a complaint for wrongful foreclosure and quiet title on Sept 3... the law firm representing the bank went ahead and foreclosed on Sept 7 . I filed a motion to set aside the foreclosure sale but was told the certifcates of service were done incorrectly. The judge is gving me the opportunity to fix it. I sent the lawsuit/complaint certified mail to the law firm and bank and the motio to set aside... what have I done wrong?
3 Answers from Attorneys
Lots. You needed a lawyer for such complex litigation.
One of many mistakes - you don't serve cases by certified mail.
Of course they foreclosed - just filing a complaint does not stop them. In addition, keep in mind that setting aside a foreclosure requires that you tender the entire amount of the debt (not payments -- the entire balance) before the foreclosure is set aside. Judges see these cases filed every month - the overwhelming majority are frivolous and quickly dismissed.
What did you do wrong? Representing yourself pro se on a wrongful foreclosure suit would be at the top of the list. You should seek an attorney, Mr. Riddle or Ashman could have stopped your foreclosure with a bankruptcy filing if it was an option for you. It is very difficult to set aside a foreclosure sale you will need a good attorney. You also need to have a process server do entry of service on your initial pleadings as well as filing them with the court.
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