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Clouded title from modif fraud but property sold from trustee sale action... what should I do now?

Orangevale, CA |

Our delinquent mortgage from countrywide went to BofA. They declined our requests for a modification - there no available modification for us, period. Short Sale does not work as the title is clouded from modification fraud before. Now property is sold to BofA from on Trustee Sale action for 1/3 of what bank claims we own. My real estate agent says that BofA trying to do something illegal, and recommend us stay in house whatever happens. What would be best for us to do now?

Attorney Answers 3


It is not completely clear from the facts supplied exactly what occurred here.

Was there a Trustee Sale on the property? If so, what date?

If a foreclosure sale of your real property already occurred due to your delinquent payments, then B of A will start an eviction to remove you from the property.

YOu should discuss this matter further with legal counsel to clarify your positions/facts, potential liability, and potential future course(s) of action.

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Because there is a high potential that the new owner (whether it is the bank or some third party bona fide purchaser) will file an unlawful detainer action to evict you, it is imperative that you seek counsel as soon as possible.

There are many facts to analyze to determine whether or not you have a claim for "wrongful foreclosure". Wrongful foreclosure is actually a term which encompasses a plethora of different legal theories and causes of action.

For starters, you can read the following legal guides:

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.

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If BofA is the buyer at Trustee Sale, a sale to BofA at 1/3 of market value is somewhat suspicious. You definitely should see an attorney knowledgable about real estate and mortgage foreclosure matters. Bear in mind however, that as a plaintiff alleging wrongful foreclosure, BofA wil probably fight (demurrer) your complaint on grounds that you must "tender" the amont owing in order to proceed with the lawsuit. Ask your attorney for more details.

Richard A. Rodgers, Esq.
(805) 230-2525

As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.

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