An attorney would obviously need to review the 60 pages of correspondence and obtain many more facts from you in order to determine whether you have a viable lawsuit for wrongful foreclosure. However, the odds are against you in California.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
You should seek immediate legal counsel to review the notices, correspondence and other documents. You can sue Bank of America or virtually anyone else you please in California. The question is whether the suit can proceed with a reasonable possibility of success as to the named defendants. That will depend upon many details.
Overturning a non-judicial foreclosure in California may be difficult. Generally, your position may be easier if the lender acquired property through the foreclosure than if the property was purchased by a third party.
Answers on this site are only intended to provide general information. No attorney-client relationship is intended. Specific legal advice is only provided after a personal meeting in which detailed information about a client's particular circumstances and goals are obtained.
You need to have an attorney review the circumstances closely. Your question seems to indicate no mail, certified or otherwise, was sent by Bank of America. Pursuing a wrongful foreclosure claim is tricky. If Bank of America took possession of the house at the foreclosure for the balance due you have a greater chance of unwinding the transfer. However, you need to act quickly and contact a real estate attorney to review the circumstances closely. If the error is obvious, Bank of America when faced with an action for unlawful foreclosure may opt to voluntarily unwind the sale.
This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.
The lender is required to follow certain steps when foreclosing a property. These are statutory duties of the lender and failure to follow the statutory duties when foreclosing amounts to fraud. One of the statutory duties of the lender is to serve a notice of default and notice of sale to the home owner. If BoA had wrongfully foreclosed your home, you can file for an injunction and also check if they are in the process of selling the home. You can indeed sue them for damages and wrongful foreclosure but if the home was already sold, it may not be possible or difficult to recover it back.
Read more about foreclosures, visit our links.
83 W March Ln
Tel.#: (209) 266-0316
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.