The wrongful foreclosure lawsuit was filed the day before the expiration of the 4-year statute of limitations. That same day, the Creditor filed their motion to release the lis pendens, which was denied, and the case is set for trial in Galveston state district court.
Pursuant to your answer regarding the elements of a wrongful foreclosure, there could be a challenge for a defect in the foreclosure proceedings and grossly inadequate selling price, 15% of the value, for 100% of the note balance. My question is:
Based on your answer, a defect in the foreclosure sale proceeding occurred and is verified by the #1 Foreclosure Listing Service est. that has provided an Affidavit that the Notice
of Trustee Sale was not listed anywhere in their data base meaning it was not posted in the Clerk's public book or on the board in the lobby of the courthouse.
This is consistent with my findings. 2 days after I received the certified notice of trustee sale, I was at the Clerk's office and did not see the Notice in the public book or lobby bulletin board. However, months after the foreclosure, per my request, the Clerk produced a receipt from their computer verifying Notice was filed at 4:35 pm.
I speculate that the crooked creditor went back to the Clerk's office early the next morning and pulled the Notice out of the public book to avoid any bidders, which is why the Foreclosure Listing Service did not find it and is not in their data base.
This allowed the Creditors to get the property for the note balance, a grossly inadequate selling price that was 15% of value. The property was booked at cost, which intentionally suppressed the Creditor's publicly traded stock, and allowed the company to go private 4 months after the foreclosure for a major loss to the shareholders. This was the most valuable asset and the 2 crooked principals now own the property after me and the shareholders were aced out.