How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My home got sold in a sheriff sale. My first mortgage forclosed

Customer Question

My home got sold in a sheriff sale. My first mortgage forclosed and my second mortgage bank bought the house. I was under the understanding that the loans would be consolidated. That was not, it was forclosed. A real estate woman went yo my home and a neighbor asked why she was there and she told him the house is for sale. I have not received any paperwork. This woman went into my home without my permission. Can I sue for home invasion, or what should I do?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
.
Are you still living in the home or did you move out?
.
If so, has the new owner given you any written notice to evict?
.
And the bank holding the second mortgage is the one who bought the property at the foreclosure sale, correct?
.
.
thanks
Barrister
Customer: replied 2 years ago.
Yes I still live there. I have not received any paperwork at all. Yes BMO Harris Bank bought my home.
Expert:  Barrister replied 2 years ago.
Ok, then if they purchased it, then they are now the legal owner and you would be considered an occupant in their house with the same rights as a tenant. That means that the new owner would have to serve you with a formal written 3 day notice to terminate your tenancy and then file an eviction case in court if you didn't vacate..Until they do so, you are legally in possession of the house and if anyone entered without your permission, that is trespassing at the least and burglary at the worst from a criminal perspective and invasion of privacy and trespassing from a civil viewpoint..So you could file a criminal complaint against the realtor as well as a civil suit. You would have to prove some type of monetary damages in order to have a judge or jury award you anything, but invasion of privacy can be difficult to put a figure on as damages. So a judge or jury could award you $50 or $5,000, there is just no way to know...thanksBarrister
Customer: replied 2 years ago.
Could I sue the bank also since the realitor is working with them?
Expert:  Barrister replied 2 years ago.
If the realtor is acting as the agent for the bank, then yes, the bank would be liable for invasion of privacy and trespass under the legal doctrine of "respondeat superior" which means that the principle is liable for the actions of their agent..If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...thanks muchBarrister
Customer: replied 2 years ago.
Would I be able to sue the bank for my house back? And who do I go to to file?
Expert:  Barrister replied 2 years ago.
Honestly, that isn't going to happen if they properly foreclosed on the house due to you becoming delinquent on the payments. Them violating your rights to privacy and for sole use of the property until they got a formal eviction is completely separate from any foreclosure action...And to pursue them for violating your privacy rights and rights to use and possession, you could file suit against them in small claims court for up to $6,000 for their illegal conduct. Judges tend to be very harsh on lenders who don't follow the law with regard to foreclosed properties and properly gaining legal possession...thanksBarrister