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Home foreclosed on in 2008, deed was 'rescinded' in May 2012 because the first foreclosure was done improperly, what can we do?

Denton, TX |

We were buying a home in 2007, they foreclosed on the home in 9/08. On May 14th the mortgage company filled for bankruptcy, May 23rd there was a 'rescission of substitue trustee', we were told that meant the deed was put back in our name, we called the mortgage company and they said that are currently foreclosing on the home (again), but there was no sale date set. We've been told by many that we need to go after the mortgage company, but what are our rights? What can we do exactly? And how can we find an attorney we can actually afford? We are a family of 5 living on 1 income so money is very tight, but we don't want another foreclosure on our record from a home we haven't lived in or owned in over 4 years! Any advice would be greatly appreciated.

Also, as of 10/8/12 they have filled an 'appointment of substitue trustee'

Attorney Answers 1


Unfortunately, the answer(s) to these questions are extremely complicated and may involve federal as well as Texas state law. I suggest that you immediately begin contacting attorneys who practice in real estate and bankruptcy law. You can search and the State Bar of Texas attorney referal service as places to start to look for attorney's who may fit within your budget. Good luck.

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well all the lawyers I've talked to have not been much help. I have ONE that wants to fight, but then we were told by 2 other lawyers that we shouldn't do anything!

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