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My home was sold at auction with a lis pendens I want to get…

Customer Question
My home was sold...

My home was sold at auction with a lis pendens I want to get the sALE REVERSED

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No the sale was last Thursday

Lawyer's Assistant: Where is the home located?

Lender is wells Fargo

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have name and contact info of the purchaser

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
5/29/2018
Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
Pheobe Clark
Pheobe Clark, Lawyer
Category: Real Estate Law
Satisfied Customers: 160
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified
The Statutory Right of Redemption. About half of all states have laws that give homeowners the right to redeem their mortgages for a period of time after the foreclosure sale, typically by paying the foreclosure sale price, plus interest and other allowable fees, to the foreclosure sale purchaser.
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Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
The laws vary in each state. But the general right you have after a foreclosure sale is the right to redeem the sold property. So Contact the lender who made the sale and ask for information on the right of redemption of the property
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Customer reply replied 2 months ago
if it was done with a lis pendens can it just be reverted back to the owner as a wrongful purchase
\
Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
Lis Pendens is Latin for "Suit Pending." Lis Pendens is a notice filed in the public record that a lawsuit has been filed against the property. Most likely the lawsuit filed is a foreclosure?
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Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
If the owner exercises the right of redemption and pays a portion of the purchase price, then the property can go back to the owner.
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Customer reply replied 2 months ago
no it was is a lawsuit with wells fargo for a loan mod
Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
A loan modification is an offer made by the mortgage company once a person Is in economic hardship. No lawsuit is filed for a loan modification. If a person defaults on the loan modification, then the lender will file a foreclosure lawsuit.
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Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
Once the lawsuit is filed, a lis pendens is also filed. Then the auction happens only after a foreclosure is granted. Even after the auction though, you have the right of redemption by law to reclaim the property from the lender simply by asking for the right to redeem from the company that held the auction
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Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
Statutory redemption” refers to a mortgagor's right to regain their ownership of property that has been foreclosed. Statutory redemption laws allow the borrower a limited amount of time (usually one year) to redeem their property if they are able to pay the amount that the property was sold for at a foreclosure sale.
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Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
request to exercise your right to redeem the property. OR file a lawsuit to have the sale voided out or reversed Based on some error that occurred in the legal proceeding such as the failure to provide notice or the failure to provide the right to redeem.
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Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
I believe I have addressed your concerns in this matter. Please reward me with a positive rating of five stars so that I may get credit for the session
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Real Estate Lawyer: Pheobe Clark, Lawyer replied 2 months ago
Hello? Did you have any other questions about this issue. Unless you accept the answer & provide a rating, this question remains on my list for resolution. Happy to discuss further if you need me to! Just let me know? Thanks!
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