In combined Title & Wrongful Foreclosure Actions that must include a Stay against the owner of the title in question via a Trustee's Sale who has filed a Unlawful Detainer, HOW does one include the owner in regards to "Liability" along with the other parties like the Lender?
The filed unlimited actions are based on a prior title defect, with a pending "Motion to transfer & Consolidate" the limited UD (that is in another county) with them. However, the owner could argue they are the BFP within the scope of the UD; & even if they could see the prior defect in the property records before the sale, that could only be construed as common-sense of experienced investors of foreclosed properties, & that they'd have "No Duty" regarding the defect, particularly after-the-fact.
While I feel I have a strong case overall, my concern is if the owner can't be included as "liable" in the amended title actions, also boosting the "Venue"argument in the motion, the court would see them as equal victims, so NO point to stop the UD & I get evicted, but the title actions can still move forward. But WHAT could possibly be a basis of their liability? Seems a BIG legal Catch- 22, here.
It appears you are the former owner. Ideally, you would have filed prior to the foreclosure, putting any buyer on notice. Any claim against buyer may depend upon what buyer knew of your dispute. Also, if there is a valid title dispute, any buyer, including BFP, may be bound.
You may be overthinking it. The bottom line is that if you're renting a property that's in foreclosure, you're standing in quicksand. You have certain benefits and protections but they don't extend much beyond giving you a few more weeks to move out.
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You need a lawyer to help you. If your paid everything as required and on time you have a case if someone is asking you to leave. If you did not pay everything as required by either the loan agreement or rental agreement then the court will be hostile to ANY claim you might try to avoid moving out and I doubt a lawyer can help you. All of the actions will eventually be sorted out by the court. The bottom line is that most all wrongful foreclosure claim are made by people who are way behind on the payments. The court will just offset any damages from the "wrongful" act by the lender against all the back payments resulting in no money to the former owner assuming you can prove no foreclosure should have happened which is not possible if you are behind in payments. It gets even worse if you are the former owner but your post does not say if you are.
Please consult or retain a lawyer for your particular issue.
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