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Can I successfully appeal a foreclosure in which I lost possession of my home on the basis of being deceived by the lender?

Eau Claire, WI |

When the bank commenced foreclosure proceedings, originally they waived their right to any deficiency. I felt this was favorable to my position financially so I did not challenge the action. Months later just before the judge's final ruling, the lender's attorney amended the order so that I would be liable for any deficiency. I objected to this change. I would have caught up the payments and not agreed to the foreclosure under this order, but by the time the amendment was presented, nearly a year had past since the originally drafted order and I was no longer in a position to catch up on the payments, taxes and fines due to the increased amount. The judge signed the amended order. I owe a huge deficiency now and feel like I was tricked by the lender and railroaded by the court.

Attorney Answers 2


  1. Best answer

    The argument you would have had is called laches, but the time to fight it was back when the case was in court. You should consult with an attorney immediately if you think there is any chance of being able to bring the matter back to the trial court or of appealing it.

    ALWAYS mark answers you appreciate with positive feedback and select a best answer!<p><a href="http://msm-law.com/attorney-nicholas-j-passe"> Attorney Nicholas J. Passe</a><p>Disclaimer: Per the avvo.com community guidelines, no attorney/client relationship is created by the asking or answering of questions on this web site, nor do the answers constitute legal advice. Always hire an attorney before making any important legal decisions. Posting details of a case on avvo.com may be subject to discovery in criminal or civil litigation, so erring on the side of nondisclosure is wise.<p><a href="http://www.msm-law.com">Moen Sheehan Meyer, Ltd.</a>


  2. Atty. Passe is correct. Speak to an attorney ASAP. You may be able to obtain relief under sec. 806.07 of the Wisconsin Statutes. Do not delay!

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