Set Aside Foreclosure Sale

had bad loan, broker falsified income, net income was 1900, mortgage paymetn 1700.00 lost it in bk, they want a buy back but won’t allow a reverse mortgage, now i am being evicted, i am 66, daughter is disabled, signed documents and never got copies. How can we stop these people until i get a loan to repurchase.

Kaete

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Hi Kaete,

What it sounds like you want to do is to have the foreclosure sale set aside and you’d need to find an attorney to help you with that. 

The time to raise claims that are based on the underlying mortgage transaction are normally prior to the foreclosure sale, so you’d most likely have to have the sale set aside because the foreclosing lender violated state law procedures in the foreclosure itself and not because “broker falsified income”.  There are legal doctrines working against overturning a foreclosure sale – namely res judicata, collateral estoppel, and the Rooker Feldman doctrine – not making it impossible, although pretty close.  Again, you’d need an attorney who will probably have to find an error in the foreclosure procedures which are governed by state law and thus are unique to your state.

Perhaps the best defense at this point might be writing to your local newspaper for a human interest story on the injustices of this foreclosure/eviction experience, or writing to your Governor, Senator, or Congressman.  I write about problems in the industry all the time; I’m not exactly sure what impact I have by what I type, but it does make me feel better.

Kaete, do a search in Google for ‘(your county state) legal aid’ and you might find an attorney that will help you free of charge.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.