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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110505
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our home was just sold at auction and the mortgage attorney

Customer Question

JA: Hi. What is your issue regarding?
Customer: our home was just sold at auction and the mortgage attorney told us it was bought by fannie mae. In the meantime I was working with Keep your home ca and got preapproved for them to pay our debt. I had been out of a job for a year and a half and just got a full time job. So last Friday I called the mortgage company to advise them of keep your home payment - and they told me it was sold the day before. When the sale date wasn't supposed to be until 5 days later.
JA: Real Estate issues can be tricky and expensive. The Real Estate Lawyer will need to help you with this.
Customer: I have to stay in my home. my baby needs a home. my intention was to pay back our past due - the future payments are a non issue now that my husband and I are both employed full time
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: well its just a shame because the mortgage attorney told me the wrong sale the moment I got our tax return back and got a job - I went into full throttle save my home research and was working crazy hard with KYH Cal to save it. KYH cal told me that as long as I start the process with them at least 21 days prior to a sale date-----than I could save it before its sold. and that they would reach out to my mortgage company once preapproved and all docs received. But they didn't. So when I called the attorney to get the currect sale date - he told me June 19 but he was wrong and it was the 15th. Im in a complete state of panic. especially because for the first time in 2 years we are in a place where we can definitely afford our home payments
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months 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.
You are supposed to receive notice of the sale 5 days prior to judicial sale, yes. If they sold your home without notice or if they gave you the wrong sale date, then you would need to sue the mortgage company for unfair and deceptive practices and for illegal foreclosure and seek to have the foreclosure vacated and reversed. Unfortunately, this means you will need to engage a local consumer protection law or real estate litigation attorney to file suit against them to seek to reverse the foreclosure and pursue the lender (if you win and prove they intentionally gave you the wrong date of sale, the court can award you attorney's fees and costs as part of your damages).
Customer: replied 4 months ago.
The scary part is we don't have the money to afford an attorney
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
In most of these cases, once the attorney reviews your paperwork many of them will take the case on a contingency basis if they find it supports a unfair and deceptive practices claim because they can collect attorney's fees as part of your damages claim. So, you need to look for a local attorney and negotiate those fees with them, because you need to file in court to vacate the foreclosure if you want any hope of saving the house.

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