Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Happened to land on this page. well here is my question: I…

Customer Question
Hi, this is Amas...

Hi, this is Amas. happened to land on this page. well here is my question: I am filing a complaint regarding wrongful foreclosure. I was not able to get any help. all attorneys want to take over the case and bring the argument of being vulnerable to lawsuits if they just have an advisory position. I am filing within the next ten days, but am quite overwhelmed with what action to take when. for now i have put together a summons and complaint to sue the banks involved. but then what? quiet title motion, preliminary injunction, declaratory judgment? and how to file it? so, if you are available to help here, I would appreciate it, Washington state, non-judicial foreclosure, trustee sale set for March

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

What do you want to know?

Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
ok, lets get started. I am about to finish the complaint. involved are countrywide, MERS, Bank of America, Ocwen as the servicer until January 4, and a foreclosing truste (per recent assignment). I am aware of the bank fraud, that is why i stopped paying the monthly payments in 2011. i have been seeking a meeting (not interested in loan mods since they just add insult to injury) and was refused. now proof has been provided ever, besides the ;'usual' copies of deed and note, and all transaction history, a) loan distribution (but unknown who supplied it) and payment history, as alleged proof of the loan. just so that we are on the same page: I am not under water, i still have positive equity, even after adding all the missed payments, fees and interest.. I am willing for a compromise, but not via loan mod, rather via agreement. If i have to sell the house and split the proceeds, that is one option. However, my greatest concern is, that i make some mistakes in the court proceedings and the bank just gets it all once more. I would hate that to happen. My planned actions are: file suit with summons and complaint, request for admissions and quiet title motion (or preliminary injunction motion); here is were i get somewhat confused. I have decided to sue 'only' the two banks involved due to MERS being out of state, and the servicer and trustees just being affiliates to BoA. defendants 1-x Does, is also included in the complaint, assuming this would cover the trustees of the REMIC trust. I do have a securitization audit and affidavit, confirming that the loan was securitized. So much for now. A) can you help me? B) what do you need to know if yes.
Customer reply replied 2 years ago
Washington state has the limitation of 25 pages for pleadings (like motions). Does that include the Complaint? or can the complaint have more pages (without content list and quotes)?My complaint includes the following actions: Lack of standing, fraud in the concealment, unconscionable contract, breach of fiduciary duty, intentional infliction of emotional distress, slander of title, quiet title, declaratory relief,Let me know if you need any files.
The note got assigned three times - no dates. the deed of trust got assigned in 2011 (after i stopped paying the monthly payments) and again in 2014. both times to Bank of America, by MERS.The NOD claimed that i did not respond (as cause for proceeding with foreclosuree procedures) this is not true, I always responded within 30 days.I am starting with the request for admissions.I am hoping you will be able to help me with formulating the motion, either for quiet title, and/or declaratory judgment, or preliminary injunction to get to stop the foreclosure sale which is set for March 25.
(I plan on filing the summons and complaint on or before Feb. 12.) Which of the above mentioned motions can be filed ex parte to stop the foreclosure?
Answered in 4 hours by:
2/1/2016
Real Estate Lawyer: N Cal Attorney, Lawyer replied 2 years ago
N Cal Attorney
Category: Real Estate Law
Satisfied Customers: 9,889
Experience: Since 1983
Verified

I'm sorry I though this was a different question.

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
ok. just let me know how to get a refund, thanks.
Real Estate Lawyer: N Cal Attorney, Lawyer replied 2 years ago

I will notify customer service.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,111
12,111 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,111 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Atty. This is where my tenacity came from when I saw this
Hi Atty. This is where my tenacity came from when I saw this video, it completely described what the Plaintiff is doing in our UD case!! I know these guys are criminal and these 18 minutes made me ver… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,344 satisfied customers
I have a broken chain of title, as someone removed a
I have a broken chain of title, as someone removed a pertinent part of my docs.from the county recorders file and replaced them with back dated assignments to a new trustee/trust, how can I prove the … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,183 satisfied customers
CALIFORNIA LAW REGARDING ASSIGNMENT OF DEED OF TRUST - Any
CALIFORNIA LAW REGARDING ASSIGNMENT OF DEED OF TRUST - Any laws or case law available regarding California requiring Deed of Trust to be assigned to a new beneficiary before said beneficiary can refer… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I want to file the following below excepts under FRCP 60(a)(b)(1)(2)(3
I want to file the following below excepts under FRCP 60(a)(b)(1)(2)(3): Plaintiffs herein allege the assignment of the CKEN's note and mortgage, having not been assigned by MERS from the Depositor to… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My home loan was originated in 2006 by the now defunct Mortgage
My home loan was originated in 2006 by the now defunct XXXXXXXX X.X., Inc.,a wholly owned subsidiary of XXXXXXXXX Bank. XXXX was named the beneficiary. The documents, both note and deed were assigned … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
I refinanced my mortgage with countrywide home loans in january
I refinanced my mortgage with countrywide home loans in january 2005. In short, they sold the property in an illegal foreclosure auction. I went to court on an unlawful detainer, which was dropped due… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,344 satisfied customers
Bank of America, N.A. services my loanMy loan is securited
Bank of America, N.A. services my loanMy loan is securited into CWALT Alternative Trust Certificate 2006-OA9 with BNY Mellon appointed trustee> Bank of America, N.A., the servicer, claims the BONY … read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
I practiced law in California for 25 years, retired in 1994.
I practiced law in California for 25 years, retired in 1994. My wife owns our residence in Ormond Beach, purchased April 2004. We've lived in it since 2001, initially under a lease/option agreement ti… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
Hi Lucy, Hope you can see the questions I ask yesterday. I
Hi Lucy, Hope you can see the questions I ask yesterday. I have researched and found out that the bank US BANK NATIONAL ASSOCIATION is not registered to business in Georgia. Everything is done through… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
we had our home for sale..we wanted to make sure the title
we had our home for sale..we wanted to make sure the title was clear due to things we read in the paper. we checked with our local registrar and found that the title had not been changed to countrywid… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
We have a TRO motion and order ready to go. We have a motion
We have a TRO motion and order ready to go. We have a motion and an order for injunctive relief and we have a motion for production of documents --- the question is --- Do we have enough to get a case… read more
socrateaser
socrateaser
1,031 satisfied customers
I live in Atlanta, GA and it is my understanding that the Georgia
I live in Atlanta, GA and it is my understanding that the Georgia statutory law governing real estate allows for non-judicial foreclosures. My question is how can I stop a non-judicial foreclosure in … read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
Im being told by my servicer, ASC that my loan was sold on the secondary market and
I'm being told by my servicer, ASC that my loan was sold on the secondary market and the note holder is now US Bank National Association as successor in interest to Wachovia Bank as Trustee for GSR Mo… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
New Hampshire Quiet Title lawsuit against Chase Bank
I am attempting to file a Quiet Title lawsuit against Chase Bank. I require a New Hampshire attorney with the ability to litigate the following or similar cases. I have forensic origination and securi… read more
N Cal Attorney
N Cal Attorney
Lawyer
9,889 satisfied customers
I filed suit (fraud, declaratory relief, civil subpoena duces
I filed suit (fraud, declaratory relief, civil subpoena duces tectum, unfair business practices, request for admissions, quiet title, and Ex Parte Application for Stay of Execution of Judgment) in Los… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
wrongful foreclosure we are suing the bank & Public Trustee
wrongful foreclosure we are suing the bank & Public Trustee in Federal Court , Public Trustee motion to dismiss the case, in court language, should I reject their motion to dismiss.… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
I am loosing my home (Sale set for next month), and will be
I am loosing my home (Sale set for next month), and will be living out of my car, but need more time before they sell the house. Please provide any information within your abilities and experience whi… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
i have another UD case but this time its my primary residence
i have another UD case but this time its my primary residence and the UD case was filed by a third party who bought the house at a trustee sale. im taking the bank, trustee, and the third party to cou… read more
N Cal Attorney
N Cal Attorney
Lawyer
9,889 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x