Real Estate Law
Ask a Real Estate Law Question, Get an Answer ASAP!
I don't see anything that would force the lender to provide a new loan (although they should be required to do so in a wrongful foreclosure). You can file a wrongful foreclosure action. If the foreclosure was willful you may even be entitled to punitive damages.
US Bank Natl. Assn. v Alejandra Padilla is a successful lawsuit brought by an individual borrower on a HAMP loan.
You may find this article interesting as the move is toward protecting borrowers
I understand your frustration and fortunately you did not waive your right to pursue filing a lawsuit against the lender for fraud and deceptive business practices.
Please feel free to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.
Thank you for using JA!
The law on dual tracking in MN passed in May. Do you know if this law is retroactive or does it only apply to anything happening after May 2013? in other words, are we able to file a lawsuit against Wells Fargo if we lost our home in 2012 as a result of dual tracking? if so, do you know of any good lawyers that have had success with these types of law suits?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).