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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 86028
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I was one of the unfortunate people who had their home foreclosed

Customer Question

I was one of the unfortunate people who had their home foreclosed on and illegally taken by BofA. I received a check which is equal to the amount that was supposed to be given to people who were wrongfully in the foreclosure process, but it was rescinded. I was not paid the amount awarded to those that actually had their home taken. What can I do?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with them to provide you the information you are seeking.

The first thing you have to do is you have to send a letter to the claims administrator where you received the check and you need to explain your situation and they issued you payment for the wrong amount based on the fact that your home was actually taken and include proof that the house was actually taken. Tell them they have 30 days to correct the matter or contact you to correct the matter and if they fail to do so, your next step is filing suit for breach of contract against them, since settlement agreements are handled as binding contracts. You would have to take them back to court to make you pay the same amount and also for attorney's fees for their willful failure to pay the proper amount.




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Customer: replied 9 months ago.

Thank you! The settlement was actually done without me going to court at all. It was done through the Federal Foreclosure Board originally... and further by Rust Consulting. So I guess you are saying to follow up with them first of all, which I had planned to, but if they do not follow through then I try to take them to court myself?


 


Another question I have is. In regards XXXXX XXXXX same home, I was renting to people under a personal contract/lease. For 1 full yr before the house was foreclosed on they stopped and did not pay me rent. Is there away of filing against them? Is the only choice to go to small claims court? How long after they stopped paying to have have recourse to file against them?


Thank you

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response. I am aware the settlement was part of a national settlement without you involved personally. You still need to contact them and inform them they made a mistake and show them the proof and then you have to proceed to court if they are paying you improperly based on your status that they actually foreclosed and took your home.

You would be entitled to rent for breach of lease up to the date of the foreclosure sale. You would have to sue in small claims against them if your total rent due meets the small claim maximum or less of $10,000. You have 4 years from the date of breach of the lease if it was a written lease and 2 years if it was an oral lease to sue them.
Customer: replied 9 months ago.

Thank you


Is there a way of filing a brief of any sort or do I have to go directly the small claims court route in regards XXXXX XXXXX renter?

Expert:  Law Educator, Esq. replied 9 months ago.
In small claims court, you would obtain the complaint form to file from the clerk of the small claims court and fill it out and pay your fee to file and they will give you the service instructions. You can also get the small claims petition, summons and proof of service at CA Court Forms
Customer: replied 9 months ago.

Since the house was foreclosed and I do not own anymore, will that be a problem to pursue the previous non-payment of rent prior to the foreclosure and transfer of ownership back to the bank?

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

As I stated, they were bound to pay you rent up to the date of the foreclosure sale. Thus, you have no problem pursuing rent up to that date of the foreclosure sale.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 86028
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 10 other Real Estate Law Specialists are ready to help you
Customer: replied 8 months ago.

Hi,


In regards XX XXX previous conversation. I was able to reach Rust Consulting, who were in charge of issuing the settlement checks. They will not give me any information as to how they calculated what to issue me a check for. They said that I was basically given whatever amount was sent to me. I have no recourse, it is a final payment. I did not give up my rights to anything by depositing the check, but there is nothing else they will do for me. I cannot appeal the error to them in anyway.


 


I am at a loss for how to proceed. I was given the wrong settlement amount, plus I lost my home, plus it has ruined my credit. I do not know what I can do?


 


What are your suggestions?


 


Thank you


Brandi

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

You are going to have to check with the clerk of court's office to see who the settlement master was on the case and you will have to file a written appeal with the master regarding the amount of your settlement. If you cannot get through to the settlement master you will have to file a motion in the court where the case was filed and appeal the settlement amount determined.
Customer: replied 8 months ago.

How do I find that information out. There is nothing written on the letter with check that was sent and Rust Consulting won't tell me anything.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your follow up.

I am afraid you actually have to go to the clerk of court's office where the case was filed to get the information from the court file as that is where it would be located. Rust knows nothing other than the information they received with names, addresses and amounts to send.
Customer: replied 8 months ago.
Relist: Other.
Not responding to my actual question. I keep getting told to contact the servicer involve, which I have and they do not offer any assistance. They inform me, they are not responsible to do anything futher.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response. You were not told to contact the servicer, you were told to contact the court clerk, but also you would contact the US Department of Justice, since they were the ones who oversaw the settlement and the various state attorney generals managed the settlement so you can also contact the CA Attorney General's Office regarding the matter. Unfortunately, BoA was allowed to manage their own settlement payments, so the Department of Justice and your CA Attorney Generals would be the only other parties who would have the information.

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