Wrongful foreclousure?

[katita]

My house was sold on 8/20/2012, BoA. I received a denial letter on 6/29. Since them the loan manager was able to postpone the sale twice. Just 4 weeks before sale she said was able to scalated for a re-review with the team. But them, sold....
MOE BENARD...could you give me feedback?

There was no written paper that they will re-review.only verbal phone calls, and loan manager told me twice that fedex package was on its way...completely lie...never arrived.

Trustee sale is same that trustee on note. third party bought it. behing on payments 20 months.
Applied for mod 24 months ago. Denied 3 times on 3 programs.

Attorney said ..no hope to get home back. but may be monetary damages due to miss steps taken by BoA.

Please ...is it worth to hire the attorney???. ... I am still at home and not sure if leave home for new owner who is thinking I'll give him keys this month end.....PLEASE HELP......MOE ...PLEASE REPLY!!!...I have long story here in loansafe.org.....completely devastated!!!

[Evan Bedard]

There was no written paper that they will re-review.only verbal phone calls, and loan manager told me twice that fedex package was on its way...completely lie...never arrived.

Trustee sale is same that trustee on note. third party bought it. behing on payments 20 months.
Applied for mod 24 months ago. Denied 3 times on 3 programs.

Attorney said ..no hope to get home back. but may be monetary damages due to miss steps taken by BoA.

Please ...is it worth to hire the attorney?

Hello Katita,

I'm very sorry to hear your property ended up going into foreclosure even though the rep said they are going to re-review your account. However, you cannot hold them liable for anything they verbally state and these reps will say almost anything over the phone to make the borrower satisfied. Since they did postpone the sale an additional two months and there are virtually no laws that pertain to loan modifications I'm not sure there is anything even an attorney can do for you at this point. If you did hire an attorney this would cost you thousands and I honestly do not thing there is anything they can do to win the house back since they have reviewed your account for a mod under 3 programs. Personally, if I were in your position I would try to negotiate as much money as possible for cash for keys since the sale took place a month ago and the new owner can file for eviction any day now.. What state are you located in?

[katita]

I m in California. The attorney said that because third party bought it "No recission" can be granted , only if Bank owned it back.

Attorney is asking x a monthly fee, we can afford with sacrifice.....to at least get monetary damages.
Loan manager said she escalated and sending Fedex....she said she send it twice and never arrived. before Foreclousure happens, I would ask for Short sale...thta is the main point of my fight.....why lender lie me and not said get a short sale instead ...or something that better your credit.

Loan manager said she would postpone the sale date I had no problem...and I was confident.........but that morning on 8/20 ...she said,...sorry sorry...I am not getting back from investor......and then sold.

Yes, I also think the new owner can hel us with some cash for keys....may scare them if tell them I am filing lawsuit...

Please any other feedback?
I am safe on terms of defficiency righ?..sold 230K...loan is 335K..1st Boa (was a refi in 2005 to cover 2 original loans from 2003-) and 2nd loan HELOc BOA got on 2005 too to purchase some upgrades....Am I safe with 2nd loan in terms of defficiency?....is only 25K

I understand we are in CAlifornia for deficiency balance as far as we as a couple show insolvency in tax year.

Hello Katita,

I'm very sorry to hear your property ended up going into foreclosure even though the rep said they are going to re-review your account. However, you cannot hold them liable for anything they verbally state and these reps will say almost anything over the phone to make the borrower satisfied. Since they did postpone the sale an additional two months and there are virtually no laws that pertain to loan modifications I'm not sure there is anything even an attorney can do for you at this point. If you did hire an attorney this would cost you thousands and I honestly do not thing there is anything they can do to win the house back since they have reviewed your account for a mod under 3 programs. Personally, if I were in your position I would try to negotiate as much money as possible for cash for keys since the sale took place a month ago and the new owner can file for eviction any day now.. What state are you located in?

[Jeffrey L. Shurtliff]

The problem here is you are using a statement made by an employee that is verbal and nothing written. If you file a suit in your court you must survive a Motion to Dismiss. 999.9% of suits are dismissed for Failure to State a Claim for relief to be granted. The first hurdle is the Judge will ask you," you defaulted how did this hurt you.? With that said get the Cash for Keys and run. I have been in court three times over my house and have shown violation of the law but all cases have been dismiss because I defaulted and even though the bank violated the law I could not show irrepairable damage.

[Evan Bedard]

Attorney is asking x a monthly fee, we can afford with sacrifice.....to at least get monetary damages.
Loan manager said she escalated and sending Fedex....she said she send it twice and never arrived. before Foreclousure happens, I would ask for Short sale...thta is the main point of my fight.....why lender lie me and not said get a short sale instead ...or something that better your credit.

Loan manager said she would postpone the sale date I had no problem...and I was confident.........but that morning on 8/20 ...she said,...sorry sorry...I am not getting back from investor......and then sold.

Yes, I also think the new owner can hel us with some cash for keys....may scare them if tell them I am filing lawsuit...

Please any other feedback?
I am safe on terms of defficiency righ?..sold 230K...loan is 335K..1st Boa (was a refi in 2005 to cover 2 original loans from 2003-) and 2nd loan HELOc BOA got on 2005 too to purchase some upgrades....Am I safe with 2nd loan in terms of defficiency?....is only 25K

Yes I would not be worried about them filing a deficiency judgement against you especially here in CA. It does sound like the rep did do all she can to help postpone the sale if it got pushed back on several occasions and it is against their policy to send any letters to borrowers stating that the foreclosure date will be postponed, this is basically every banks policy not to do so.. And honestly a short sale would have had the same effect on your credit rating as a foreclosure and would not have benefited your case in any way shape or form.. A short sale is really only good if you are able to complete the short sale while current on payments or if you wish to buy a new home 2-3 years down the road..

[katita]

PLEASE REPLY TO ME ...What you mean by " Survive a motion to Dismiss"?...so the judge can dismiss it???..because I have more fault ...(by not paying) than the the bank itself for foreclouse on me??....really????

So I have to show irreparable damage on foreclousure done to me ???


You were sueing the bank for same reasons......and you're case was not strong because FIRST you default mortgage payments???...NO MATTER HOW BAD THE BANK WAS LATER???

PLEASE REPLY TO ME....this is so new to me....!!!...how come so much advertisig from lawers that can fight the bank for wrong steps???

The problem here is you are using a statement made by an employee that is verbal and nothing written. If you file a suit in your court you must survive a Motion to Dismiss. 999.9% of suits are dismissed for Failure to State a Claim for relief to be granted. The first hurdle is the Judge will ask you," you defaulted how did this hurt you.? With that said get the Cash for Keys and run. I have been in court three times over my house and have shown violation of the law but all cases have been dismiss because I defaulted and even though the bank violated the law I could not show irrepairable damage.

[katita]

In which state and county did you fight??

[Jeffrey L. Shurtliff]

I am in Utah and it does not matter where you are at. Court Rules are the same. They use Rule 12b 6 of the court for their defense all of the time. Failure to state a claim for relief to be granted. Thousands have lost this way including me, because the Judge asks, Why are you here YOU DEFAULTED, there is no harm to you. It is complicated and to hire an attorney to argue a verbal statement is fruitless and you will lose. My last suit cost me $7000.00 because I lost.

[katita]

Any one has done the Independant Foreclousure review?..can I still fill out the form?..remember it was till 3/2012..which I did on previous short sale property...now wonder if I can do it for this one....No news so fr about the independant foreclousure review

[Jeffrey L. Shurtliff]

Any one has done the Independant Foreclousure review?..can I still fill out the form?..remember it was till 3/2012..which I did on previous short sale property...now wonder if I can do it for this one....No news so fr about the independant foreclousure review

The deadline has been extended until December 31,2012.

[katita]

Is foreclousure posted in your Credit right at end of month?