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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118777
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am in foreclosure with Select Portfolio Services. I live

Customer Question

I am in foreclosure with Select Portfolio Services. I live in Oregon. I have several documents including the recorded trust deed that do not show SPS as the trustee. I have never signed any agreement with them and they have sent foreclosure sale documents 3 separate time representing different banks one of which I never had my mortgage serviced by. I have been lied to misled and feel that the company has been fraudulent. My foreclosure is scheduled for January 11, 2016. Do I have any way to stop this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.
First of all, and most people in your position do not want to hear this and I understand money can be tight, but you need to hire a local consumer protection attorney as soon as possible to file an objection to the foreclosure. SPS would have to provide proof in court that they have legal rights by possession of the actual note on the property or that they represent the lender as a servicer in order to foreclose on the property. If there are incorrect documents proving ownership of the mortgage note, then they cannot legally foreclose and the consumer protection attorney will significantly increase your chances of success, as they will get a loan audit done and also track the chain of the note to prove that SPS has no legal right in the foreclosure which will stop the proceeding. Also, most times once a consumer protection attorney is involved these companies seek to come to some type of settlement agreement with the debtor to avoid court if possible and if their note is not perfected in their possession.