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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111537
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I got a question about my home foreclouser proces Two weeks

Customer Question

Hi this is Emin.I got a question about my home foreclouser proces Two weeks ago I had court date & I was waiting for Judge's decision.Anyway my morgatge company didn't sue me in a legal period from 3 years actually it was month after 3 years I get eviction
letter & today my attorney told me that we got Judge's decision in my favor,so we're winer in this case but my attorney told me they got ine more chance to sue me again it's meter of time when ever they figure out,can you tel me what's my choices in this case,am
I gonna have again long process or if my morgatge company sue me again, is it gonna be just one more court date & will be done ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

I am sorry, but I am having trouble understanding your post.

Could you review it, add clarifying information and resubmit?

If your house has not been foreclosed, why did the lender send you an eviction letter?

Customer: replied 1 year ago.
My home was foreclosed like I said on 07-05-2011 & after 3 years & 0ne month they did sue me that's why Judge brout decision in my favor.
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

Respectfully, ***** ***** not previously mention that your home was foreclosed in 2011.

I still do not understand your post. So, I am going to opt out and give another Attorney the opportunity to further assist you.

Best wishes,

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous one had to leave.
If your house was foreclosed upon in 2011, but they failed to sue you for the deficiency judgment within the statute of limitations, then what you won was the fact that they cannot pursue you anymore for any deficiency judgment. However, if the foreclosure was completed, you still loose the house, they just cannot get money damages from you and they can seek to have you removed from the house if they own it from the foreclosure.
If they did a non-judicial foreclosure and held the foreclosure sale already, then you had 1 year from date of the foreclosure to recover the house. They had 3 years to sue you for deficiency judgment in addition to taking the house. So you could still win a case to not have to pay deficiency judgment and still lose the house itself. In that case, the mortgage company failing to file within the statute of limitations means they only get the house but cannot get any money from you, but they can still now force you out of the house.
Customer: replied 1 year ago.
Hi thanks for your answer I'm also involved with Real Estate Center Law out of Los Angeles, CA since february'2013 & they told me they can do some proces against BoA morgatge company because they did modification but didn't worked out or they intend but they never did.By now actually they did nothing for me & I haven't seen any progres & I also feel unprotected with them. I was reading lots of rewievs about them & it looks like they are big scam,I paid to them $5500 & I don't know are they realy able to help me out or not but according to your answer looks like I'm gonna loose my home no meter what.Maybe I really need to try to get recovery money.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They may be able to pursue BoA, as many others have done, for the foreclosure, but until they do so and file something to prevent your eviction and challenge the foreclosure itself, they can try to evict you until they file the suit against BoA.
I would not use the company because of the reviews, I would go to a local consumer protection law attorney and seek to pursue the case against BoA now, because you are going to have to fight the foreclosure to stop the eviction itself.
Customer: replied 1 year ago.
I got already local attorney I hired him 1 year ago by now & now he is seeking more money to continue proces,do you think he is resonable ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If he is filing suit and will file to stop your eviction, then it is reasonable, yes, as attorneys do require funds to pursue actions in these cases and if you win your case there is a possibility you can recover those fees as a part of your judgment.
Customer: replied 1 year ago.
Do you think is anyway in my case posibble to void foreclosure on my house?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Without having the ability to look at all of your evidence, I could not make such a prediction. All I can say is BoA has been involved in some very bad foreclosure cases and has not been very successful in winning and if your case is similar to those, then you should prevail.

Customer: replied 1 year ago.
Do you think I should reject RALC & if you do can I recover my money from them?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If they are not properly representing you, then you should get a new attorney and you can seek reimbursement from them if they did not do what they were supposed to do.
Customer: replied 1 year ago.
I don't know am I thinking right but if they filed against BoA in CA nobody shouldn't touch me until case is closed or this isn't true.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
IF they filed to reverse the foreclosure, then they now need to file a motion to stay eviction pending that suit. If they have not yet filed to reverse the foreclosure, get another local attorney immediately.
Customer: replied 1 year ago.
Can I use same attorney I got now?
Expert:  Law Educator, Esq. replied 1 year ago.
you can.
Customer: replied 1 year ago.
What do you think if I go to HUD can they help me the same as an attorney?
Expert:  Law Educator, Esq. replied 1 year ago.

No, HUD cannot help you at this point. You must have a local attorney involved.

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