After the notice of default was sent can i prevent the trustee sale by filing a wrongful lien notice?
Real Estate Attorney
Generally, a non-judicial foreclosure will be governed by the statutes of the state where the property is located. Filing of a wrongful lien notice will not stop the Lender from foreclosing, although you can try to raise that claim when the foreclosure starts and the lender receives authorization from the Courts to proceed with the foreclosure. After that point, you may need to file a quiet title action and seek an injunction to stop the foreclosure process. Unless you have solid proof of your claim that the lender is not authorized to foreclose or that the lien is in some way invalid, chances are not good that the Courts will grant an injunction. If you believe that the lien is not proper, I highly recommend that you seek the assistance of legal counsel well versed in wrongful foreclosure defense.
This answer is for general information only and does not create an attorney client relationship between Navaro & Associates LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues. Our firm offers free consultations up to 1/2 hour.
1 lawyer agrees