Yes, it could. See the appellate opinion here: http://scholar.google.com/scholar_case?case=2926954549438055358&q=skov+v+us+bank&hl=en&as_sdt=2,5
OTOH, you will need a lot more than this to prove a fraud claim. If you are self-represented because you cannot afford an attorney or are unable to interest one in your case, chances are you're going nowhere with it. Prior to spending a lot of time and money, consult with an attorney to see if you have any chance of obtaining damages based upon your particular facts. Good luck.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
If you can prove the lender violated 2923.5, while it may be too late to stop the sale, you could win damages against the lender. If the property went REO (back to the lender) the lawsuit and threat of these claims could enable you to negotiate a resolution with them where they rescind the sale and give you a mod or something else. You should hire a lawyer though as doing this on your own will be a lot harder to prevail.
If you are looking for an attorney, a good place to find a qualified consumer attorney in this area www.naca.net. It stands for National Association of Consumer Attorneys. The link is also below.
PLEASE READ--before emailing, commenting or calling: As a rule, I do not respond to "comments" that are designed as follow-up questions to the originally-posted question. I specifically do this as to avoid creating any confusion to the originating author of the question and to prevent any attorney-client relationship from forming--as this is not the goal or intent of this attorney or the Avvo creators. Further, I am only licensed to practice law in the State of California; therefore, any information provided in this answer is intended for application in California. Second, the information provided in this answer is solely intended to serve as GENERAL INFORMATION, and, at most, to serve as a catalyst for discussion between you and an attorney. Under no circumstance, is this information provided in this "Answer" intended to be construed as legal advice--and is not to be considered legal advice for any purpose. If you wish legal advice, then it is recommended that you contact a licensed attorney in your area to discuss the particulars of your case. Only by engaging in a meaningful discussion with a licensed attorney, can an attorney then provide you with legal advice.