Should I send a "fault in dishonor" letter or file a motion to set aside default if I recieved a notice of trustee sale?

Asked about 2 years ago - Sacramento, CA

I sent a certified letter in response to my banks intent to foreclose. I asked for documents in a 30 days bank failed to comply with ALL requested docs to prove that they actually have the right to foreclose on my property. They responded with some docs and stated that they need more time for further investigation dated the 23rd of 30 days. On the 29th day, I recieved a notice of trustee sale taped to my front door. Now, I am not sure if I should send a "fault in dishonor" letter because they failed comply with requested docs in the proper time frame or file a motion to set aside default in order to stop foreclosure or at leat delay it. Sale date Aug 23rd, 2012.

Attorney answers (1)

  1. A Melissa Johnson

    Contributor Level 15

    Answered . I do not think your question contains enough information to provide a meaningful response. In However, if you have a default judgment against you which you believe was improperly entered, you should act quickly. Once the judgment is in place for longer than six months, it becomes more difficult to set it aside. You might want to consider retaining the services of an experienced attorney to assist you.

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