File suit to set aside sale of property by mortgage company
2) rely upon correspondence exchanged with the company wherein you were granted time to avoid foreclosure
Help please mortgage company unfair practices
My name is Scott Golden heres a Rundown. Covid caused the financial hardship that put us in a situation where we are at today. Loan was in forbearance due to covid /loss wages/job. After covid forbearance program ended we are still in a hardship. We applied for a loan modification which we was not approved of. So we listed our home for sale. Around the same time we recieved notice of forclosure. Since then we have been in close contact with our mortgage company and they agreed to us listing our home for sale to avoid foreclosure, we accepted a contract about 5 weeks ago and are due to close on the 30th. Notified mortgage company and title company sent them a copy of contract , sale date letter of commitment mortgage will be paid at closing, to stop/hold the forclosure process so we can sell out home. Just found out since the title company sent them the info our agents today just informed us that the property was sold on the 27th at auction,( which mortgage company bought back). Our agent just informed us afterwards that mortgage company just submitted property to be listed by their mortgage broker. With the mortgage company knowing in full regard that we have a solid contract, sell date and commitment letter we are closing on this Friday and fraudulently and informed me if I was to give them all the documents requested that the sale would not be interfered with. I feel they went behind our backs and was not ethically honest and performed a quick sale after telling us and leading us on to believe that this would not take place. What is our options? We need a fighter in our corner because this is wrong
Asked 3 years ago in Property Law
Religion: Other
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7 Answers
You can consult a local attorney and issue a legal notice to the company.
You can mention the illegal acts done by the company in this regard and demand compensation failing which you can sue them from relief and remedy.
Dear Client,
If there was a proper contract between you both and the other party has violated any of terms of that contract that is totally unfair. You can file a suit for breach of contract. The most important, fundamental and basic right possessed by the mortgagor is the right to redeem the mortgage. This right is not merely a contractual right, it is a legal right given to the mortgagor.
If they are your service provider then you can approach consumer court against them. Otherwise you need to file FIR
The foreclosure attorneys Millsap and singer and the mortgage company PennyMac ended up resending the Foreclosure since no deed or any paperwork was done so we were able to sell our house then but what they're doing when they gave us our new payoff is charging us over $20,000 for the Foreclosure sale that shouldn't have happened to begin with as they told us it wouldn't happen since we where closing in 2 days, however they went behind our back and did the sale and bought it from their attorneys. Now we would have to show up at closing with 5000 to close, the house would not even appraise at the amount they want us to pay around 165000, we have a contract for 159900. We bought the home in 2017 for 117000. Something is not right! What can we do?
Asked 3 years ago
Kindly engage the services of local lawyer
ypu are not liable to pay amount towards foreclosure sale
You can do above as directed. Consumer court is effective remedy if the opponent is service provider
The company has played mischief by playing fraud in this.
You may file a suit before the appropriate court seeking desired relief and also the company of their fraudulent activities by providing the documents in your possession to support your pleadings.