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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Bank of America did a “Wrongful Foreclosure” onto our property. On

Customer Question

Bank of America did a “Wrongful Foreclosure” onto our property.
On July 1, 2015, we discovered the wrongful Foreclosure.
How did we discover the wrongful Foreclosure: We attempted to obtain a loan from a lender and was told by the lender, they could not lend on the property, because showing a Foreclosure on it.
The lender educated my husband how to use, in order for verification of what was being told with their inability in loaning against our property. My husband and I were able to see the same thing, potential lender was seeing; a Foreclosure recording on the property by Bank of America, with recorded date of 1998.
Bank of America's excuse was that they somehow picked up the wrong APN# ***** recorded a Foreclosure onto our property.
Bank of America, SVP, advised me that they may have to hire outside counsel to correct their error our property title.
Bank of America, recently said sending a letter out to us shortly working on the problem, however, they have no idea when it will be corrected.
We have some major problems now with our real property, which has a severe negative adverse affect on the property itself, my husband and I as follows: (1) we are unable to sell the property (2) we can’t borrow against the property to take advantage of the lower interest rates, before they start going back up (3)the property at issue we have an organization, which is signing to lease our property for commercial use and if they find out about the Foreclosure, rather bank error or not, they may back out of the deal.
You have no idea how the wrongful Foreclosure has affected both my husband I emotionally.
In closing, we are looking for an aggressive firm, to handle this problem expeditiously, because time is very critical!
I look forward to hearing back from you promptly and I thank you for taking the time to read the above.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 years ago.
Welcome to JA. This site provides general information and would not be able to represent you. I would be able to provide you with links for attorneys that you can hire to represent you. Further, have you filed any consumer protection complaints against the B of A with the varies agencies that investigate these matters? Please see our terms of service below: "DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains."
Customer: replied 2 years ago.
Expert:  Attyadvisor replied 2 years ago.
No you have not filed complaints?
Expert:  Attyadvisor replied 2 years ago.
Have you tried speaking with the B of A Corporate HQ?