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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2192
Experience:  Experience in residential real estate and commercial leases.
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My husband and I had gotten behind on our mortage. I was out

Customer Question

My husband and I had gotten behind on our mortage. I was out of work and a large amount of child support had stopped coming in. Despite trying to work out anything knowing that our situation would have to eventually change, we were told that our house would be up for sale and fall into foreclosure on December 1, 2015. In November, I was able to get fully employed so we took the first check and were able to secure a rental home to move into on exactly December 1st. We moved out of the property. A few days later finance lenders had the locks changed and took back access over the home. After this we continued to recieve home owners association fees monthly. At first we paid them no mind thinking that it was a mistake, but then two weeks ago we received a letter in the mail from the finance lenders of the prooperty that our house would be going into foreclosure August 2nd 2016. This is next week. Soon all type of attorney letters would follow to assist us in stopping the foreclosure. At this point I begin to realize that our home was still our home. This lead me to call the lender who informed me that something went wrong in the foreclosure procedure back in January so this is why they are redoing it now. This posed a major issue with me. One we were still being charged home owner association fees, and it appeared that now we had even a larger debt when in fact we n longer had possession of the home. To make matters worse, there were people living in the home sense January. At the very least, I asked if someone could at minimum provide a letter stating that you did take back ownership of the home so that we could not be held responsible for the home owner fees that were coming to us. They told us no. I need to know what is my best course of action at this point. As I explained had we known that the house was still ours we could have actually saved the house as our financial situation changed drastically, which is why we are very easily able to keep up with the rental property we have now. No one informed us of this news until about 3 weeks before the August 2 date. I know that there has been some very unethical things to take place. Do I have grounds to sue the company, or what can I do?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 2 months ago.

Hello and welcome to JustAnswer. My name is ***** ***** I am an attorney who will try my very best to help with your situation or get you to someone who can. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site.

I am very sorry this situation has happened to you. You have potential causes of action against the lender including but not limited breach of contract, improper service, negligence. You have the potential to recover damages for your costs to move, the loss value of your property, lease payments, mental anguish other out of pocket costs and possible punitive damages.

However, only a local attorney is going to be able to provide a proper assessment of your causes of action. This will require review of the documents you have received along with any documents that the will be able to obtain through the discovery phase of litigation.

I strongly recommend that you retain local counsel to begin the investigation and discovery phase of your situation. A few resources to find a local attorney is through or In addition, there is the State Bar of Georgia find a lawyer website:

If you decide not to pursue legal remedies against the lender, at minimum the lender's actions should be reported to you Attorney General Office.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

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