Overturning a Residential Foreclosure Sale
Foreclosure usually ends with a public auction of the foreclosed property. Attending court hearings after a foreclosure can protect the rights of former homeowners. Attending court hearings after the public auction can also protect a former homeowner’s residence or finances.
Overturning a foreclosure trustee sale is an extremely difficult task to take on, but in some cases, if the conditions are just right and your determination is unfailing, it can and has been done.
In some cases, foreclosures are set aside because of errors by courts or lenders and the homeowners regain their properties. Other foreclosure cases are filed without proof that the plaintiff actually owns the mortgage. Cases often include an affidavit that the mortgage and note have been lost or cannot be found. These cases slide through the system because very few defendants appear in court to challenge the foreclosure. Default judgments are the norm.
Illegal Foreclosures
A foreclosed borrower can sue a lender who breaks state or federal laws during the foreclosure process or fails to meet all the legal requirements for a foreclosure as set by the state. Any lender who violates federal or state regulations during a foreclosure may be liable for damages to the homeowner. In some cases, the court may overturn the foreclosure entirely. The former homeowner must file a lawsuit against the lender in court and attend all hearings to prove the lender broke the law during the foreclosure.
I have personally overturned 14 foreclosure sales, but let me tell you that each and every single one of them was more than a full-time job. My life in general became only about overturning the sale; someone\’s home was at stake and for me that was the motivating factor that made mer elentless. Every second had to be devoted to writing emails and letters to every person I could think of that might be able to help overturn the sale. From government officials to bank executives, everyone must be contacted and involved. Not everyone is willing to put the rest of his or her life on hold and undertake this sort of painstaking and strenuous venture, so be prepared.
You have been warned.
Before you undertake this task, you must be completely sure that you should have qualified for a loan modification, and in all of the cases I took on to advocate, there was some sort of provable bank error.
So here are the keys to making this happen:
– Know your financials perfectly
– Have your facts straight
– Keep your timelines and conversations documented
– Have your paper trail in order
– Research all of the guidelines you feel were not followed and be ready to cite them sparingly
– Reach out to every key person you can via email, overnight letters, and faxes, and I mean everybody.
The step-by-step procedure to accomplish this is too involved to include in this book. However, every skill contained here, along with the keys listed above, proved instrumental. To succeed at overturning a foreclosure sale, everything was followed to the letter, and these keys can be used for postponing a sale, too.
Anna Cuevas is America\’s Loan Mod Guru, she has provided experienced insight and expertise to save over 300 families from losing their home to foreclosure, and has successfully returned 14 homes back to homeowners on the verge of eviction after their trustee sale was completed. For more information and resources, visit askaloanmodguru.com.
Anna Cuevas is America\’s Loan Mod Guru, providing experienced insight and expertise to save over 300 families from losing their home to foreclosure, and has successfully returned 14 homes back to homeowners on the verge of eviction after their trustee sale. For information visit http://askaloanmodguru.com.
Author Bio: Anna Cuevas is America\’s Loan Mod Guru, she has provided experienced insight and expertise to save over 300 families from losing their home to foreclosure, and has successfully returned 14 homes back to homeowners on the verge of eviction after their trustee sale was completed. For more information and resources, visit askaloanmodguru.com.
Category: Real Estate
Keywords: foreclosed,foreclosure, trustee sale,real estate,auction,home owner,bank,lender,residential