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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116716
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I feel I was unfairly treated in applying for a modification

Customer Question

I feel I was unfairly treated in applying for a modification with a third party administrator, the result being my home was sold at auction and I would like to know how I can have that repealed. They have changed the locks and not allowed me access. This is not my primary home but I have received feedback from the TPA that they don't offer modifications in that area......very puzzling .Can you help?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: PA
JA: Has any paperwork been filed?
Customer: I called Fannie Mae abooksnd they didn't se it on there
JA: Anything else you want the lawyer to know before I connect you?
Customer: it is with an eviction attorney right now
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 8 months 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.

Unfortunately, once the home is sold in auction, if you never filed to object to the foreclosure before it occurred it is too late to get your home back generally. I am afraid that the only thing you could pursue at this point is perhaps a suit for wrongful foreclosure and money damages, but only if you can prove that they breached your loan agreement in the foreclosure process. There is no law saying that any lender has to give a modification on any mortgage, so even if you believe they were unfair about the modification you are not able to force them to modify any loan.

The first step you need is a local consumer protection attorney to review the original mortgage contract, because they need to conduct a forensic loan audit to see if the lender did anything that would have violated the loan agreement that would then give you grounds for legal action. You need to pursue that before you know if you have any claims that you can bring in court to fight the foreclosure.

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