I have been trying to get a loan mod for over 2 years. Bank of America had my loan at the start and it was sold to Caliber Home Loans in Nov 2014. I have been given the run around, lost paperwork, no communication, etc. Now my home has been scheduled for foreclosure. I only found out because I have been getting letters from investors wanting to buy the house. Caliber did not notify me of the foreclosure. I am fed up with all of this and I want to sue them not just to stop foreclosure but also for damages. This whole process is fraught with fraud. Do I have a case?
I'm not sure if you do have a case, more information is needed. For example, have you received a "Notice of Default" in the mail? After that did you receive a "Notice of Intent to Accelerate"? Then after that, did you receive a "Notice of Trustee's Sale"? If the answer to all of those is "no" then you at least have a case to stop the foreclosure for failure to comply with the Texas Property Code and property foreclose on your property. However, that only stops the situation, it does not fully remedy it. You need a real estate attorney and you need one asap if you want to try and keep your house.
As to suing Caliber Home Loans for fraud or some other tort, well more facts are needed here. I have to say that something is definitely fishy, but I'm not sure if I'm comfortable saying "yes you have a good case" yet. It certainly would give anyone pause, and requires a further investigation. You should probably sent a certified letter to Caliber Home Loans requesting evidence that they hold the note and evidence it was actually negotiated to them by Bank of America, if they can't produce that, then they can't foreclose because the note follows the Deed of Trust. So, all that being said, you need a real estate attorney and preferably one that does some real estate litigation too.
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Texas does not allow an unhappy homeowner to sue for "attempted wrongful foreclosure." For the foreclosure to be wrongful, you literally must be on the street. You can sue to stop the foreclosure, but getting a damage award is highly unlikely.
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