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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116829
Experience:  Attorney experienced in commercial litigation.
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I'm in distress I'm trying to get a forcelosure sale to vaca

Customer Question

I'm in distress I'm trying to get a forcelosure sale to vacate in ca all laws were broken
Submitted: 2 years ago.
Category: Consumer Protection Law
Customer: replied 2 years ago.
I beg you to help our family we served this great country as contractors for the military my dad has stage 3 liver cancer we need help we are a good family
Expert:  Law Educator, Esq. replied 2 years 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 afraid we are forbidden by state law from representing you in any legal matter. All we can do is provide you information to help guide you.
Have you obtained a local attorney yet, because if you want any chance here you need to do so, that is your first tip?
Customer: replied 2 years ago.
yes I did and we are trying to find a law that will help us vacate the sad part is I asked the consumer protection bureau for help and they denied us I understand that you are forbidden but as a human being and having a heart for our family I'm begging you this will kill my dad any tips on how to vacate the stay trust me as God is my witness we will never give out the contact or person that helped Wells Fargo have sent people to break our front door locks looking inside the windows while we change sending people to scare us out because we are fighting back please I beg u anything would help please you don't know what my dad has been thru with nation star the cancer has grown from the harassment and stress my email is***@******.*** any laws that can help us win or penal codes anything I know you have a family and have a good heart to help
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I do not mind providing you information regarding your situation, but I do not know enough about your case and specific situation nor are we set up to do detailed case law research, so you need to give us some very specific information about what you are looking for a law about for us to try to help.
Customer: replied 2 years ago.
My house was sold on 02/2015 and we want the sale to be vacated we are fighting a wrongful foreclosure and trying to fight to get our property back since nationstar has violated the bill of rights ca and refused to give us a modification please help
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I understand that you want help to undo the foreclosure, but unfortunately, we need to know what they did that was wrongful, because that is what your attorney needs to be focusing on to succeed in your case.
Customer: replied 2 years ago.
Dual tracking multiple contacts listing the property for foreclosure while under modification review losing our paperwork every month denying us 9 times for missing paperwork which we never had
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
This would fall under unfair and deceptive practices under CA civil codes 17200-17210 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=17001-18000&file=17200-17210).
For them to keep doing what they did is an unfair practice and while it may not actually void the foreclosure it can entitle you to triple damages for their willful and malicious conduct in handling the modification and foreclosure. This is the attack most homeowners use with banks when they play the game about allegedly losing submissions of consumers and making them submit the same documents over and over again for modifications all the while planning on foreclosing.
There is no law mandating any mortgage company modify a loan, but there certainly is a prohibition against them engaging in unfair and deceptive practices to do so.
Thus, if they did what you claim above, the first place to look is the unfair and deceptive business practices laws.
Customer: replied 2 years ago.
how do I vacate a stay until the wrongful foreclosure case settles
Expert:  Law Educator, Esq. replied 2 years ago.
Why would you want to "vacate a stay"? A stay means that no action can be taken.
Customer: replied 2 years ago.
We are still in the property and need more time the lawsuit will be filed by friday and we dont want any action taken until the lawsuit gets a decision
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
So you do not want to file to vacate a stay, you want to file a motion to stay eviction from the premises. Your attorney should be filing that motion in the court to prevent them from evicting you before the suit is heard.
Customer: replied 2 years ago.
How do we do that please help us
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
You stated you have an attorney, he has to file it. It is called a Motion to Stay Foreclosure and Eviction and it has to be drafted by your attorney and filed in the court. We cannot draft such a motion for you and legally it is your attorney's job, since they are representing you in this matter.