If I have had a wrongful foreclosure, what documents do I file in Superior or Federal court?

Asked over 3 years ago - El Cajon, CA

I have experienced a wrongful foreclosure, what documents do I file? And in which court Superior or Federal Court? Do I need a forensic audit? Cost?

Attorney answers (2)

  1. Richard Alan Rodgers

    Contributor Level 16

    Answered . "Wrongful Foreclosure" is a term of art that can mean a lot of different things, so I am not sure what you mean exactly. But in general, if you have been foreclosed upon in California by a non judicial trustee's sale, it is proabably too late. If you contend that the procedure was materially defective, and the lender took the property back at the trustee's sale, you will have to show the judge (after you file a complaint and bring an ex-parte application for temporary restraining orders) that you have the present ability to "tender" or pay off the loan - in order to get the property back. This case - if viable- is probably a state court action and you cannot do this on your own. You need to consult with an attorney.

    Richard A. Rodgers, Esq.
    (805) 230-2525
    rar@sd-attorneys.com
    www.sdresq.com

    As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . I agree with Attorney Rodgers. You will need an attorney.

    If the foreclosure already took place, it is probably too late. For an explanation why, see:

    http://www.avvo.com/legal-guides/ugc/the-failur...

    If the foreclosure is imminent, take a look at my guide:

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