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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19477
Experience:  B.A.; M.B.A.; J.D.
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Wrongful foreclosure - can you tell me what constitute this

Customer Question

wrongful foreclosure - can you tell me what constitute this allegation?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
According to mailers I've received, apparently my property was sold at a foreclosure auction resulting in excess funds due to me of aprox. $250,000? Loan with OCWEN/Trustee was for $400,000 but the house sold for $636,000. We have been served with 3 day notice notice to quit! Is this legal and can we appeal the sale?
Expert:  Phillips Esq. replied 1 year ago.

Wrongful foreclosure means the following:

  1. Your payment is to update, but the lender foreclosed due to error in the lender's database showing your account as delinquent;
  2. Your house was mistakenly for another's place house and was foreclosed;
  3. The lender did not give you notice of foreclosure as required by the Statutes.

If your house was wrongfully foreclosed, you can file action to void the sale. Otherwise, you cannot.

You can use the following sites to find local consumer Attorneys to assist you with the wrongful foreclosure action:

If there is a surplus, the foreclosing lender must send the funds to you pursuant to the law in your State.