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Can I file suit for wrongful foreclosure again? First was after non-judicial sale. They won judicial and now foreclosing again.

Lebanon, OR |

Bank(s) filed non-judicial foreclosure and auctioned on 12/1/2010, I filed suit 1/11, they rescinded foreclosure 7/11 so said we lost because the foreclosure was rescinded then filed summary judgment for judicial foreclosure 7/2012. We file bankruptcy 8/13/12. Now that that is all over they just sent a letter that they are resuming foreclosure proceedings. Can I file wrongful foreclosure again after they auction again? Or do I have to file something different?

Attorney Answers 2


Wrongful foreclosure may be a defense, but whether it's available depends a lot on the facts involved. If you haven't been paying your mortgage payments since 2010, at some point there will almost certainly be a judicial foreclosure of your property. Because you've already filed bankruptcy, there's no fear of a deficiency, so you might be in a good position to get a cash-for-keys offer or to see how far you can delay the process. Many more details are needed before anyone can give you better advice. If you haven't had a meeting with a lawyer yet or lately, you should set one up, especially if there's already a foreclosure proceeding in the courts.

Licensed in Oregon. Advice provided is general legal information relevant to the facts provided. It is not intended as legal advice applicable to your specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement. Contact me at 541-250-0542 to discuss your matter further.

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I think the question your asking is: How do I keep my house for longer? The answer is hire an attorney to defend the foreclosure or file a chapter 13 repayment plan and cure the arrears. The payment plan will allow you to keep your home in the long term by bringing you current again. The foreclosure defense will likely net you more time and a chance at negotiating a modification with the lender's attorney. Either way, you should contact local counsel and sit down for a free consultation to determine your options. Good Luck to you.

This information is not intended to create an attorney-client relationship. Please consult with an attorney in Oregon before making your decision.

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