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Posted by Raj on August 30, 2003 at 01:27:36:
In Reply to: Wrongful Foreclosure due to Predatory Lender Service posted by Tonya on August 22, 2003 at 17:37:14:
Tonya,
I believe you when you say you were not notified of the foreclosure sale. As I mentioned in my previous post the sale is unlawful. This is the truth and they know it. This is the reason they want you to sign the forbearance agreement on so forth. This way they can rob you and get away with it. If the sale were legal they would not need the forebearance agreement.
It is the trustee's responsibility to notify you of the impending foreclosure auction date. Since he did not do so, he clearly made a mistake.
I am by no means a substitute for a competent attorney. Since you do not have one I would suggest the following
but do so at your own risk. This not legal advice only a possibility.
Explain in writing that you did not receive the notice of sale and the rest of the story and ask the trustee in writing to reverse the sale. Also ask the lender the same in writing. To each one of them submit copies of documents supporting your case. BE SURE TO SAFEGUARD ALL YOUR ORIGINAL DOCUMENTS AND SEND COPIES ONLY BECAUSE YOU WANT THE ORIGNALS TO PRESENT IN THE COURT. COPIES ARE NOT ADMISSIBLE IN COURT. So do not give orignals to any one.
Sue the lender and the trustee for conducting an illegal foreclosure sale because due process was not followed since you were not given notice of foreclosure sale. Ask the court to reverse the sale. You can do this by going to the county district court and ask the court clerk for help. Before you go call the court clerk and find out how much filing fee you need to bring and if you need any more money for anything else. If you do not get help from the clerk go to local legal aid or do the best that you can. The important thing is that you file the suite.
Do both of the above things on Monday. On Tuesday when you go to the court for unlawful detainer case, tell the judge that you believe the sale was illegal and give him the same papers that you gave the trustee and the lender. Give him a copy of the lawsuite that you filed on Monday.Then ask the judge to dismiss the case
against you. If he refuses ask him to continue the case to a future date pending the outcome of the suite that you filed.
I hope some thing works out for you. Also see if you can get help from local legal aid office. You can look this up in the phone book.
Raj
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