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House foreclosed in Florida in 2008. Can I still sue if I can prove FRAUD through a 'forensic audit?' Statute of Limitations?

Fort Myers, FL |

Since learning about 'Wrongful Foreclosure' and the FRAUD that has taken place thorughout the life of most mortgages, I did my homework and last week I submitted a 'QWR' to OCWEN to determine if FRAUD has taken place with my mortgage, which I strongly suspect is likely.

I have a few questions:

1. How often do 'QWR's' demonstrate FRAUD & how often do people truly get compensated for their losses resulting from the Wrongful Foreclosure?

2. Is there a 'Statute of Limitations' in this case that may have passed, in Florida?

3. If my Forensic Audit demonstrates FRAUD, what are the next steps?

...any information you can provide is greatly appreciated and if you're an Attorney that handles these types of cases in Florida, I'm open to talk if you are.

Thank you!! :-)

Attorney Answers 4

  1. Best answer

    The Statute of Limitations for Fraud generally runs from the time that you discovered, or reasonably should have discovered the facts giving rise to the fraud. That is a fact question that simply cannot be answered in this forum. Since the foreclosure was 2008, you really need to move quickly to see an experienced attorney that can help you navigate these waters which is not easy. Remember, with each passing day, the SOL is closer to running if it has not run already.

  2. If you lost your house to a foreclosure in 2008, then there is only one statute of limitations you have to consider - and that is you can no longer bring any claims for fraud or other issues with that mortgage. See an attorney immediately in the event there are some aspects of your matter that may still be open to attack, but I have a high degree of certainty that you are too late to bring up any claims.

    This advice is not specific and is generic in nature and as such should not be relied upon unless given by an attorney you have specifically retained and who has all of the background information necessary to render an opinion to you.

  3. No. You cannot sit on your rights for many years, and then decide to do something about it.

    R. Jason de Groot, Esq.,

  4. 99% of the time Forensic Audit = Waste of Money.
    Courts generally are less than sympathetic to a homeowners who borrowed money, did not pay it back, and then bring a suit for wrongful foreclosure. A strong wrongful foreclosure case is one where the homeowner is making payments or modified payments and the bank wrongfully brings a foreclosure action. The fact that the entity that filed a foreclosure action against you is not the same entity that loaned you money (by itself) does not make your foreclosure wrongful or fraudulent. The time for you to investigate your "strong suspicions" of fraud was BEFORE not after you were foreclosed on. It is time for you to put your past in the past, move on with your life.

    This Answer is for general purposes only and does not establish an attorney-client relationship.

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