Please help: get my house back after the trustee sale.
I'm in northern CA and my house just got sold at a trustee sale 4 days ago. I was working on a loan mod application with my bank, WellsFargo for more than a year. They gave me a trial a while back, then denied. I reapplied, kept sending them paperwork as requested. Each time I called, they always tell me to call back "later time" for an update. They postponed the sale date once, then asked for more paperwork. Then on the date of the sale, they told me everything is denied: date postpone is denied, loan mod is denied. And it was sold to a third party. All my family saving is in this house. I NEED TO KEEP the house or else my family will be destroyed because I told them I had all this under control. Please help. How can I have this reversed? I talked to a couple of "firms" I found online who said they can do the trustee sale reversal for me. But I don't know enough to trust them or not. I just received a 3 days notice 3 days ago. I also plan to talk to the new buyer to see if I can negotiate him/her to reverse it for me but not sure how & what ground to persuade them to help. Please help. PLEASE HELP. Thank you. I really really really need to get the house back. It means keep or break my family, if you know what I mean. :( :( :( Thank you in advance.
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Hi Vanna,
You will want to hire an attorney or you can find a housing counsellor by going to Makinghomeaffordable.gov. You will need to explore what legal grounds you have for the rescission. Although it is possible to have a sale rescinded it is not likely unless you have a legal reason to do so. Unfortunately the fact that you were working on a modification does not protect you from foreclosure. Consulting with a good real estate attorney is your best bet at this point. We wish you luck!
Vanna,
The same thing happened to me two years ago- it ruined my life and my family. I have never given up trying to get my dream family home back. There must be a way. I was thinling if you and I had this problem, many others may too. I'd like to start a movement to "get our house back". Things like this have happened. Email my.
Sara
I AM IN TENNESSEE AD IN THE SAME SITUATION. I FEEL LIKE THER HAS BEEN A DEATH IN MY FAMILY OVER MY HOME. MY DAD BUILT IT HIMSELF AND ITS(LAND) BEEN IN FAMILY 4GENERATIONS. I AM AT A LOSS WHERE TO START TO GET IT BACK.MY PARENTS BOUGHT IT AT THE FORECLOSURE SALE WITH A BACKER. THE BACKER BACKED OUT AFTER CHECK &DEED WERE SIGNED.MY PARENTS CANT AFFORD IT AND IM STUCK IN THIS NIGHTMARE TRYING TO SAVE MY HOME&HEART. I GREW UP ON THIS PROPERTY, IF ANYONE HAS INFO. THAT WOULD HELP IN TN, I WOULD GREATLY APPRECIATE IT. MY HEART GOES OUT TO ALL WHO ARE IN THIS POSITION.IT IS TRULY A NIGHTMARE THAT IS KILLING ME.THANK YOU
Hi Alicia,
Years ago I found myself in a similar situation. My parents fought to save our family property for 5 years. Borrowing money from wherever we could to try to save it. I know that it is unbearable and unthinkable to lose the home that you grew up in but I can tell you that life does go on. Now 20+ years later the only thing that I regret is that we held on so long. We can never get back that 5 years that we spent "saving" that property. They can never take away the memories. After 4 generations there must be something that caused the property to be vulnerable to a foreclosure. Maybe the operating costs are too high or the money borrowed to make repairs has grown exponentially. I know that the thought of losing it is killing you but I can tell you that there are way more important things in life. It may take a while but one day you will realize that things truly do happen for a reason. Unless you find an angel money person it is time to start looking forward and planning the next chapter of your life. Maybe without the burden of this property you will be able to take a vacation or maybe even slow down a bit more to stop and smell the roses. The day we left the property for the last time was one of the saddest days of my life. But that next day, when it was all over, was one of the best. I hope that this is what happens for you and your family. Hold you head high, claim victory because you have held on so long and get back to the business of living the life of your dreams!! (BTW-The life of your dreams is not necessarily attached to a house or piece of land).
WHEN YOUR PLACE WAS SOLD DID YOU RECIEVE YOUR PROMISSORY NOT IE WET NOTE CHK HTTP:// GOMESTIC.COM /MAKE LENDER PRODUCE WET NOTE
VANNA THIS IS WHAT U NEED TO DO REQUEST THE WET NOTE THEY CANNOT FORECLOSE WITHOUT WET NOTE DO NOT VACATE YOUR HOME EVEN IF IT HAS BEEN SOLD TO THIRD PART HTTP://GOMESTIC.COM MAKE YOUR LENDER PRODUCE WET NOTE YOU CAN CALL 310-503-8292 MY NAME IS RAY
Hi Ray,
Although the "produce the original note" tactic CAN potentially delay a sale it will not permanently stop the sale. The lender simply records an affidavit of lost original and proceeds with the sale.
THANK YOU MICHELLE SO BASICALLY WHAT WOULD BE THE NEXT OPTION? BESIDES(BOHICA) BEND OVER HERE IT COMES AGAIN
Hi Ray,
It depends on what you are trying to do. If you just want to delay the sale as long as possible there are trustee sale delaying companies that can help. Make sure that they have an affiliation with an attorney because otherwise they cannot charge you an advance fee.
If you have a legitimate case then you would want to consult with an attorney and potentially file a lender litigation lawsuit. There are no guarantees either way but that would be the next step. Always check references.
THANK YOU MICHELLE MY BANKRUPTCY WAS DENIED AND AT THE SAME TIME THE JUDGE EXCEPTING AFADAVIT WHICH HOME WAS SOLD TO THIRD PARTY U.D. HEARING SCHEDULED FOR 4/17/12 WE BOTH FILED I HEARD THAT LENDER & TRUSTEE ARE LIABLE BEING NO WET NOTE PRESENT DONT FORGET I HAVE A AFIDAVIT STATEING WE CAN PRODUCE JUST NOT FOR THIS CASE POSSIBLE SECURITAZATION?
I also lost my house on a trustee sale but I have good grounds to get it reversed I believe. After getting screwed arround multiple ways by the lender i filed a federal lawsuite against them , a TRO and a Lis Pendins . The Judge needed more info from me and sent me a letter requesting that , easy info to provide BUT it was sent to the worng address by the federal court . THEN because she did not get it she dismissed my case and ALSO sent THAT infoof the dismisel to the same incorrect address they had for me so I dis not hear about that either !!!!! However she sent the dismisel notice to the lender at the correct address for them and while I was sititng arround waiting for my day in court they sold my house at a trustee sale back to them in a sale I was not even aware was going to take place when it did . When I called the court to find out what happened they realized they made a mistake and at once reinstated my lawsuite BUT, oops the house was sold . I contacted the law firms representing the Bank after I found this out and they said they would back off since the lawsuite was back on BUT then they went right. ahead , lied and served me with a lawsuite , unlawful detainer . I answered that in time , and filed an xeparte TRO. I now want to sue the federal court over this , get damages and my sale reversed . Do you know an attorney who would take this on contigency ? My wife and i are senior citizens and we cant pay big attorny fees but I believe I have a 10 million dollor lasuite here and the court gaveme a letter where they admit they made the error to boot . my email is willsanders@earthlink.net as well WE NEED HELP FAST !!!!!
Hi William,
I do not know an attorney that would take the case on contingency but you can certainly reach out to the BAR association for a referral. You may also want to contact the District Attorney in your county. They have a department dedicated to elder abuse cases and this includes mortgage issues. I have had personal experience with my local District Attorney on a mortgage related elder abuse case and they were extremely helpful.
You may also find that your elected officials can be very helpful in the cases. I once contacted the office of a congressman and received excellent assistance from their team.
Let us know how this works out.
I, too, just had my house sold out from under me. I was in the middle of a loan modification with Bank of America and told that the sale would be postponed. The house was sold at an auction at the L.A.courthouse on May 10. I'm working to getting this rescinded. However, just received a 3 day notice to get out from a lawyer. What are my rights? Help!!!!!!!
Hi Marcia,
You can certainly hire an attorney to review your case to see if there is any reason the sale could be rescinded. Unfortunately a loan modification in process does not necessarily stop a foreclosure.
Any luck with your situation? I had the exact same thing happen to me TODAY! Has anyone found an attorney who has been successful in getting foreclosure trustee sales rescinded?
If anyone has a CA lawyer to refer, please send me a note.
Thanks in advance for any help or information anyone can offer!
James
cashjak@mac.com
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your payments on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan.
www.mymembership.org
I am currently experiencing the same problem. Myself and my wife was approve for a modification. Was told that the sale date was posponed. We were given the congratulation package and was instructed to make the first trial payment on july 1 2011 with the sign agreement.. We had everything done sign and notarized along with the money order for the exact amount listed in the agreement.. .. 2 days ago we recieved the money back saying that it was rejected.. We immidiately called the loan company. They told us that our house was REO.It was forclosed.. After speaking with several rep . they said that somehow the paper work was sign correctly put my wife didn't inial the paper ........No one called to say anyhing about it.. when they sent us the agreement they sent 2 sets exact same ones.. so my wife signed and inial one set and i did the same.. They say that we both was supose to inial each paper..It's the weekend nowso we haven't had a chance to talk to anyone esle .. Can you please tell me what should we do.. The morgage company said we should summit some kind of letter to the research team.. We were not even informed that the house was sold .. After makin the payments I even call and the automated system said your next payment of $$$ is due on the 1st of august and it stated the exact amount that was agree upon in teh contract.. so i assume everything was ok..Please help , what should we do..
Any of you have ANY luck with your situations?
I had the exact same thing happen to me TODAY! During the final stages of my BofA MHA Modification, apparently the investor denied the extension of the trustee sale date and now my home was sold at auction to a third part today!
Has anyone found an attorney who has been successful in getting foreclosure trustee sales rescinded?
Can I work wit the Trustee Buyer to try and regain my home?
If anyone has a CA lawyer to refer, please send me a note.
Thanks in advance for any help or information anyone can offer!
James
cashjak@mac.com
Hi James,
The investor is not legally obligated to modify the loan. I had this happen to a personal friend of mine. Unless there are other contributing factors to the sale that would invalidate the sale then there is not much that can be done. You can pay to consult with an attorney but it is going to cost you to have them review the file and at the end of the day there may be nothing that can be done. You can read my friends story at http://www.foreclosuretruth.com/?s=don%27t+worry+be+happy
Folks,
In California, a non-judicial Sate, is a ruling called the "tender back rule" and you need to review it and know it. Any post foreclosure notice, any commencement of any kind indicating an upcoming foreclosure from your trustee, lender, servicer, substitution of trustee or trustee sale after the fact can be challenged if you post a bond and tender back the amount owed on your debt - in this case your note. Do not waste your time with lawyers that will possibly sell a ride to chase rainbows unless you just want to give money away to them. Most attys should tell you about this ruling and its application if you challenge the lenders post notice of any kind But, if you have money to burn you wouldn't have needed to get a mortgage in the first place. Just don't want to see people get taken advantage of by sharks out there.
The trust sale has taken place and we received our eviction notice and notice to vacate. We filed a response and am now waiting for our court date. We are pretty sure there are monies to be disbursed post-auction and in the process of filing to claim the monies. When applying the "tender back rule" can we use the monies-capital from the auction sale? There is equity in our home, FNMA, denied our loan modification on the same morning as the trust sale and FNMA refused to postpone the trust sale.
The court date sounds like it is just to rule on the eviction. If that is the case the judge is only going to rule on the eviction and not on the validity of the foreclosure.
I am currently going through a similar situation with my mortgage co. BofA, (country wide origin).I was offered a modification in April 2011 ,this was great I thought until I received my paycheck that week. My check was being garnish for taxes. I immediately contacted my state office to correct this,quickly learned that this could be fixed.i then contacted BofA to explained the situation and I would need a little more time before trial payments start . It was stated in paperwork to call if any problems. I was told ok and call back when I had resolved problem or reapply. I corrected my tax problem . I sent in payment stated in May I received a letter in June stating that I chose not to participate in modification program .i called them they retook all information . I was told it could take up to 90 days to review .in September I received a letter from their foreclosure attorney . I immediately started calling weekly about postponement of sale modification .i was told it takes about 30days for negotiator to take up .My home ended up selling on October 26 now my family & l are....
I have spent out money to try get my home back it ended up being a scam . Help if anyone can please...
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your payments on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan.
www.mymembership.org
We can reverse your sale date and keep you in your home without making a payment for up to two years for $2500
Please visit our website and call me at 866-607-0318 ext. 2032. Or E-mail me ASAP. We can definately stop your sale and lower your payments on a low fee. We have a group of mortgage underwriters and mitigators that will assist you and contact your lender, by represention, to get you a lower rate, and restructure your loan.
www.mymembership.org
We can reverse your sale date and keep you in your home without making a payment for up to two years for $2500
I ALSO NEED HELP IF ANY OF U CAN HELP... THAT WOULD BE GREAT ANY INFORMATION IS GREATLY APPRECIATED!!!
ON DEC 29 MY PARENTS AND THE REST OF MY FAMILY WE LOST OUR HOME DUE TO A TRUSTEE SALE. TO A 2ND DEED. THE THING IS WHEN OUR HOUSE WAS IN FORECLOSURE WE DIDNT EVEN KNOW IT WAS SOLD UNTIL A MAN SHOWED UP AT OUR FRONT DOOR STEP WITH A PAPER SAYING HE WAS THE NEW OWNER. OUR FIRST MAIN TITLE HOLDER THE BANK..DIDNT EVEN KNOW ABOUT THE SALE. UNTIL MY DAD SHOWED UP TO THEIR OFFICE ASKING FOR HELP AND ANSWERS. WE STILL HAVE HOLD OF THE FIRST BANK AND THEIR LOAN WAS WAY MORE THE THE 2ND NOTE HOLDER. COULD THIS HAVE BEEN POSSIBLE. WE BELIEVE THERE IS FRAUD INVOLVED BECAUSE THE SAME PEOPLE WHO GAVE MY FATHER THE 2ND LOAN FOR THE NOTE SOLD THE NOTE LIKE TWO TIMES BEFORE THE WHOLE FORECLOSURE THING WENT ON. AND MY FATHER NEVER EVEN TOUCHED THE 2ND NOTE LOAN THEY CHARGED OTHER STUFF WITH IT AMONGS THEM I REALLY CANT EXPLAIN MY SELF BUT THIS IS WHAT I KNOW. IF ANY OF YOU HAVE A REALLY GOOD TRUSTWORTHY ATTORNEY IN THE LOS ANGELES AREA PLEASE EMAIL ME.. @ ELVIA.MIJARES89@YAHOO.COM PLEASE!!! ANY INFORMATION OR SOME SORT OF HELP WOULD BE GREATLY APRRECIATED!!!
Hi Elvia,
A second can foreclose on the property. They would need to follow the non-judicial foreclosure process in accordance with the laws of the state of CA. You can reach out to a FREE HUD approved counselor in your area and they can check the recorded documents to see if the lender properly recorded the foreclosure notices. You can find a counselor in your area by going to www.makinghomeaffordable.gov. If they cannot help you they should be able to refer you to an attorney in your area.
Who is the trustee company?
Hi John,
The Trustee is a 3rd party assigned by the lender/beneficiary. In the case of the non-judicial foreclosure process the trustee is responsible for the posting, publishing and recording of the foreclosure notices in accordance with the laws of that state. A Trustee can be a title company, attorney, or trust deed service.
I realize this question was posted over a year ago but I felt the situation is still relevant and perhaps even more so now. The flood gates have opened on foreclosures and we’re in for a rough 2012 as homeowners trying to hang-on to our properties. But, let’s get to the point; is it possible to rescind the sale of your property? Yes, it is possible. It’s not easy, nor is it fast but it can happen. Usually, it takes 3-6 months. The main thing you want to do is work with a legal team that has the experience in this field. Also, understanding that through this process you’ll still need to meet the requirements of affordability. That’s right, you can go through all the cost to get your sale rescinded but if you don’t qualify for a modified payment then rescinding the sale becomes a moot point and you’ll be faced with another NOD filing shortly thereafter even if you can find Foreclosure fraud, by virtue of Robo-signing, Back dated Assignments of the Deed of Trust, fraudulent Declarations and Affidavits. The banks have figured a way around all those minor details with a check for $25 Billion dollars. So, do your homework, research and understand who you’re dealing with. I wish our outfit can handle Nationwide but we can only do California properties at this time. If you need the source of an outfit in another state please give me a call and I’ll see what I can do to assist.
Brian Head
800 529-2959
my house was sold at trustee auction it was a 150.000 loan and my broker offered 200,000 to stop the sale the morning of and was turned down is that legal can he deny a full payment and extra money and go along with the sale?
Hi Sean,
Under Civil Code 2924c(e) you have until 5 business days prior to the sale to reinstate the loan.
"(e) Reinstatement of a monetary default under the terms of an obligation secured by a deed of trust, or mortgage may be made at any time within the period commencing with the date of recordation of the notice of default until five business days prior to the date of sale set forth in the initial recorded notice of sale."
You can see more information by going to http://www.foreclosureradar.com/ca-foreclosure-law/ca-foreclosure-law-ci...
IndyMac Mortgage/OneWest Bank did the same thing to me. Infact one week after my son left for Afghanistan, they denied me for a third modification request because I applied too many times, after continuing to cash my checks. They put my home up for auction then bought it back for half the Auction Price and now want me out of my house.
I forgot to add that my home is in Northern Calif.
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