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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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Is it possible to have a home mortgage from 2003, that in

Customer Question

is it possible to have a home mortgage from 2003, that in 2005 I refinanced and again in 2007 did one more refinance still be open, and can be foreclosed on? What and how is required to stop the sale of my house next month.
I have a whole host of problems with the mortgage broker and the bank that did all the transactions.
The Broker is being prosecuted for Fraud "Mark E. Friend from Stockton, Ca.
This man has destroyed my life and I can not get a lawyer to stop to listen and really look at what I have.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  socrateaser replied 10 months ago.


I'm a California lawyer. Why is it that you have had difficulties getting a lawyer to look at your case?

Customer: replied 10 months ago.
I am sure it is that I am not explaining the issues correctly. I have spoken to three, and one just yelled and made me cry, the other two where not interested in anything expect how much money I have to give them.
Expert:  socrateaser replied 10 months ago.

I understand, thanks.

To stop a foreclosure sale based upon a deed of trust, you must:

1. File a civil action alleging that:

a. your deed of trust is defective;

b. the deed of trust was not assigned to the beneficiary who has commenced the foreclosure;

c. the person who has commenced the foreclosure is not the true beneficiary of the deed of trust.

2. File Chapter 13 bankruptcy, and show that your loan is totally unsecured from the property. This requires that you have at least two loans, and that the senior/1st loan has a higher unpaid balance than the fair market value of the property.

That's really all of the options. I don't know anything about your case, so all I can provide you with are the generalities. Does any of this help you better understand your circumstances?

P.S. Please don't shoot the messenger. I'm really trying to help