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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19307
Experience:  B.A.; M.B.A.; J.D.
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My wife and I were seperated. My house was put in forecloser

Customer Question

My wife and I were seperated. My house was put in forecloser after 26 years because the City and County of San Francisco batched my worker comp valid claim and didnt pay me for 4 months. The bank took two years to get out of forecloser. Wachivia Wellsfargo merger. The bank modified the loan and waved back payments. My wife never sign modification told me she did and was making payments. ONE year later the house the hiuse was to be sold at trustee sale told me nothing and the house got sold without me being notified.I had money in Deffered comp fund that would of allowed me to save house had I been told of forecloser sale. The trustees did not allow me to re purchase house and sold it for 100 thrity thousand more than what was owed. I never receceived any equity from them. I believe she told trustees the house was abanded and just let them take it. I put thirtynxndn thosanx down on house 1989 and made all house payments not her . I was principle owner. Do I have any recourse
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 11 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

I am sorry to read about your difficulties.

Yes, you do have recourse.

If the house was sold for more than what was owed on the house, you as the borrower/homeowner are entitled to the surplus after the expenses of the foreclosure sale have been deducted. You need to make a written request to the lender (through the trustee) for the surplus to be returned to you. If the lender ignores you, you can file complaint against the lender with Consumer Financial Protection Bureau and your Attorney General's office.

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