I refinanced in 2008, my Deed of Trust, Settlement Statement, and Bank Note were all forged and notarized, I recently found out. Bank of America ("BOA")is the beneficiary and purchased my home last month according to the Substitute Trustees website. How can they foreclose on an invalid Deed of Trust? The Notice of Trustee's Sale lists only the first (invalid) Deed of Trust, but does not mention the second one. Wouldn't the second be the first now? I applied for a modification with BOA 3-years ago, received 2-years of excuses but never an answer for the modification but yet they foreclose on me? This does not seem right.
My second Deed of Trust is and always has been current, is that why it was not included in the Trustee's Sale? - edit
You need a civil litigation attorney, preferrably with some experience in foreclosure matters. As to how these types of things could occur, a lender is able to do whatever they're allowed to do. If the foreclosure was unopposed then they would have been able to proceed as they wished on the deed of trust, even if it wasn't properly referenced. it is possible to reverse things and rescind the sale but the sooner you act the better.
Evan A. Nielsen
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Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
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Chapter 7 Bankruptcy Attorney
I would recommend contacting a local attorney who specializes in foreclosure litigation for a consultation. It would be necessary to have an attorney fully discuss the facts with you and examine the referenced documents to evaluate your potential case. Since Virginia is a non-judicial foreclosure state, meaning foreclosure sales are authorized to take place outside of the court system, there is more opportunity for things to go wrong. It is often very difficult to rescind a foreclosure sale in Virginia; even with the most egregious actions taken by the lender. Challenging foreclosure sales often boil down to the judge to come down to the question of "were you current on the first mortgage when this action was taken?" If not, that may be enough for the judge to determine that your claim may not be relevant since a foreclosure would have taken place anyway, even if gross misconduct took place. Speak to a local attorney with experience in this area for an evaluation of your case.
The author’s comments are not to be construed as rendering a legal opinion nor proffering legal advice. To obtain legal advice or a legal opinion, you should retain an attorney to consult with you on your particular matter.