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My house was foreclosed (CA) while in the middle of transaction, do I need to hire real estate lawyer?

Santa Clara, CA |

House was foreclosed in 2011 during loan modification process on two loans 1st and 2nd. Second loan was approved for trial modifications and started paying, while the 1st is still in process. Bank sends trustee date while in process. Bank offers short sale option, they approved short sale. House was placed in the market, got offers, appraised and ready to closed in 7 days. The auction date was not extended to close the deal and it gone into foreclosure while in the middle of closing the transaction. Do I need a lawyer and what if I can't afford a lawyer?

Attorney Answers 3


  1. Yes, you need to hire a real estate lawyer to see if you have a viable case for wrongful foreclosure.

    If there are recoverable damages, many such attorneys will charge a plaintiff such as yourself on a contingency fee basis.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. You should contact a foreclosure defense attorney that is experienced in handling post-foreclosure type cases. Most attorneys will offer a free initial consultation and can discuss various fee options with you to accommodate your financial situation. However, you should not delay because there are time limits to filing a claim.

    By posting on this site or answering/responding to questions does not create an attorney-client relationship and is intended to be an opinion only. My opinion is not intended to be a guarantee or promise of any outcome or result in your matter.


  3. You need a lawyer if you want to try to do anything about it. If you cannot afford one you are probably out of luck as these are complex actions against well heeled defendants and no reasonable lawer would do one pro bono or on a contingency

    This is an area that I have seen often. The facts need much further explication before anyone could opine on your case and all docuemnts would have to be carefully reviewed

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