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CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10244
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
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Before i file my suit foreclosure, do i need to add the

Customer Question

Before i file my suit for wrongful foreclosure, do i need to add the third part who purchase the home into the lawsuit?
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

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It depends on what your goal is (and also what state you live in).

If you are trying to get the home/property back, you will need to name the new owner as an interested party.

But it also depends on your state, because in most states, the damages in a wrongful foreclosure suit are money damages, not return of the property - so even if you are successful in your wrongful foreclosure suit, the damages awarded by the court will be a money damages award, not the return of the property (so naming the new homeowner is not at issue).

The only other reason to name the new homeowner is if you believe there is some form of insider dealing (I don't know what the details of your case are, but this could be a situation where an employee, a subsidiary, or a business partner of the foreclosing lender buys the home).