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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17483
Experience:  B.A.; M.B.A.; J.D.
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We were wrongfu;ly forclosed and our home sold on july 14

Customer Question

we were wrongfu;ly forclosed and our home sold on july 14 after were told our loan was going to be reinstated after providing our proof of funds to bring our loan current after applying for mortgage assistance that was never approved nor denied as of the day our home was sold our home was sold at auctiuon to a 3rd party buyer whom is trying to sale us our home back for twice the price we owed. we have had our home 19yrs and have done everything within our means and our last intention was to loose our home and have done everything within our measnd to save our home. we need assistance with this matter we have already been served an unlawful detainer to be evicted. every attorney we have seeked assistancce from told us its definitely wrongful foreclosure but have big workloads and arent able to take ur case.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

I am sorry to read about your difficulties. However, this site does not offer legal representation. You can use the following sites to find local consumer Attorneys:

Consumeradvocates.org

justia.com

lawyers.com

Findlaw.com

Regrettably, if you were not current with your mortgage at the time it was foreclosed even if you had proof of funds to bring your loan current, that does not equal to wrongful foreclosure. Having proof of funds to bring the account current does not mean that the account is current. Wrongful foreclosure would be in a case where you were actually current on your payment and the lender because of error in its system flagged you as delinquent and foreclosed on your property; or if the lender did not properly notify you of the foreclosure as required by the Statutes. Nevertheless, if you were working with the lender and you were giving assurances that the home would not be foreclosed, then you may speak with the firm handling the foreclosure for the lender to see if the sale can be rescinded with your payment to bring the mortgage current.

As for the eviction, if the reason for overruling your demurrer is not accurate, you need to immediately go to the Clerk's office and file Motion to reinstate your case. You may also consider filing for bankruptcy protection to suspend the eviction case.

You can use the following sites to find local Bankruptcy Attorneys:

Nacba.org

Consumeradvocates.org

Lawyers.com

Justia.com

Findlaw.com

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