Delinquent property taxes may be "purchased" at a tax sale by a private entity, but not by the government. If this happens to your personal residence, you have two years after the tax sale to "redeem" the taxes, that is, pay the tax purchaser the amount of the taxes plus interest, fees, etc. During this time, neither the tax purchaser, nor the government can sell the property based on the tax delinquency. However, the bank can press forward with its foreclosure during this time and obtain an...
A Lis Pendens is a document which is recorded at the county recorder of deeds office. After it is recorded, everyone is deemed to have notice that there has been an action filed that affects the real property identified that is the subject of the foreclosure action. It essentially is a notice that a legal action is "pending" that could affect others' rights in the property. In a foreclosure context, a Lis Pendens is usually recorded by the foreclosing bank to notify others that the...
The lender is NOT required to stay its foreclosure action. It can proceed with the suit at anytime. It can file the foreclosure even if it did not send you a NOD, or do other things you describe in your question. If the lender files a foreclosure suit, you should hire an attorney. You might want to engage one now.
Yes, all of this can be true. The question you must answer is whether this information will help you respond to the foreclosure action on your home. It could potentially help to defend the foreclosure, but it is more likely you will have to file a separate claim on the matters you raise here. Such a claim is often very difficult to win and potentially very costly. You should contact an experienced foreclosure defense attorney to advise you on this.
Foreclosure proceedings do not necessarily end valid leases on a property when the foreclosure is completed. In fact, so-called "rental properties" are often foreclosed and sold to a new owner with the existing leases still in effect. In that situation, the tenants would normally remain in the building throughout the foreclosure action. Your situation sounds similar in that your property was apparently foreclosed, then sold to you, all while the garage tenant continued to use and pay to lease...
You should definitely contact an experienced foreclosure lawyer, specifically one who has handled cases against HOAs. The HOA has several unique rights in these cases that may affect your ability to work out an acceptable arrangement with them. It is important to know their advantages and their weaknesses as you try to negotiate with them.
I agree with my colleagues. There may be a number of ways for you to defend the lender's case against you and, perhaps, make a claim against the bank. It all depends on the facts, particularly the facts surrounding the forgery. You should consult a foreclosure defense attorney who has made claims against lenders as part of his/her foreclosure practice.
I agree with my colleagues answer above. You also have the option of letting the bank foreclose, but that will undoubtedly reflect more poorly on your credit than either a deed in lieu or a short sale. Best advice--find a good foreclosure lawyer to pick the right solution for you.
Legal action may be difficult, but perhaps not impossible. There may be other ways to approach this too. Has Wells Fargo put their refusal in writing? You should share your story with an experienced foreclosure lawyer and engage him/her to help you with this.
You have a right to reinstate your loan anytime up to 90 days after you are served with a foreclosure summons. If I understand your question, this means you could pay your lender the back payments you owe it, including interest and penalties, 90 days from now and the ;lender would be obligated to reinstate your loan.