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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My mother owns my home she tried to get it modified to lower

Customer Question

my mother owns my home she tried to get it modified to lower payments some how the bank waited awhile approx 1 year then they held an auction and sold the house and now new owners are knocking on door saying they purchased the home is this legal?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer,If the property was sold at a trustee's sale, the new buyer has a right to possession.However, it appears that there is an issue here as to whether or not the sale was proper. It is going to be important to get a clear record of what actually occurred with the loan and get the title documents to determine whether or not the property was actually sold (you should have received notice - or rather, your mother would have received notice as the mortgage holder - multiple times prior to the sale for non-payment).You can get a quick title search by contacting a title insurance company (there are a couple of large companies (First American, Old Republic, and Chicago Title), as well as smaller local companies that can do this for you).Once you find out what happened, then you can better assess how to move forward.If the title is still in your mother's name, she can try to refinance (either with the same company or with another lender).if the property was actually foreclosed, you will need to negotiate with the buyer to get some additional time to move out.Depending on what happened, it is possible that the foreclosure was done improperly, and you may be able to contest the foreclosure as an illegal foreclosure (failure to give notice, etc.) in which case I would strongly encourage you to retain counsel to assist you.