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Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Back in December 2009, we had a home improvement loan, our

Customer Question

Back in December 2009, we had a home improvement loan, our loan was sold to wells fargo, we were in an adjustable rate mortgage and begged for help. Our loan got to high for us to pay, and we lost our home. Is there a class action lawsuit to help us get any compensation. We were told on the phone 2 weeks prior to a notice from a real estate com (that we could get cash on our foreclosed home) we were told that we were still in line to get help from a loan modification officer. We had no clue that they actually had foreclosed. Is there any help for us?
Submitted: 6 years ago.
Category: Legal
Expert:  Ellen replied 6 years ago.
Hello,

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

If you were not aware that the property was foreclosed, it may be that the lender did not properly notice you. If you did not receive proper notice, you may file an "EX PARTE EMERGENCY MOTION TO SET ASIDE FINAL JUDGMENT OF FORECLOSURE AND VACATE FORECLOSURE SALE".


Unfortunately there is not a template available.

Your motion could go something like this:


EX PARTE EMERGENCY MOTION TO SET ASIDE FINAL JUDGMENT OF FORECLOSURE AND VACATE FORECLOSURE SALE"

COMES NOW, the Respondent and in support of the above motion states as follows:

1. Respondent was not properly served copy of petition.

2. Plantiff and Respondent came to a forbearance agreement prior to sale.

3. Plaintiff failed to follow proper process thus denying Respondent of procedural due process.



Wherefore, Respondent prays the court to set aside the Motion to Set Aside the foreclosure sale.


You will need to sign this motion in front of a Notary. Send the original to the courthouse and a copy to Plaintiff's attorney.

I hope that this helps.



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