At the beginning of the year I decided to refinance my house. I had always made all my payments but when my app was in processs my checks were being returned to me. The lender told me not to worry about it while my app was in process. Two days ago irecievd notice my house was sold and I have ten days to vacate the property. I was never notice my refi was denied and I was never noticed my house was in forclosure and that my house was going up for auction. The only notice I received was from the marshals when they gave me the notice to vacate the property within. Ten days. What do I do? Is this legal? Do I have any rights? What happened to all my equity?
Real Estate Attorney
The lender returned your checks while you were applying for a refinance? That's a new one. If the lender was the buyer at trustee's sale you may have a shot at getting the trustee's sale rescinded on grounds of mistake or fraud. And the US Marshal (or was it the Sheriff?) gave you a Notice to Vacate? That means the new owner served you with a 3-day Notice to Vacate and then filed and served you with an unlawful detainer complaint. When you did not respond to the UD complaint, the new owner got a default judgment of possession and a writ of execution, upon which the Marshal will evict you.
You need to call an attorney right away to get an emergency ex parte hearing to vacate the default judgment and get a stay of execution of the writ.
Richard A. Rodgers, Esq.
As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.
Yes, you have rights but you need to get with a local attorney right away, both for the unlawful detainer and the wrongful foreclosure.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.