What legal actions can I take to save my home if it is foreclosed on and sold back to the bank? 7 Answers as of May 10, 2013

My house was put into foreclosure after my forbearance period ended. The bank refused payment for anything less than what I owed for the months past due during the forbearance period. I was denied for loss mitigation twice after being jerked around and now my house has been sold back to the bank.

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Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
File Chapter 13.
Answer Applies to: New York
Replied: 5/10/2013
Law Office of Alex Rad
Law Office of Alex Rad | Alex Rad
You have to set aside the foreclosure first through judicial process if you have reasonable grounds, unless you are in a position to redeem your property by paying your lender all your debt plus costs that they incurred due to foreclosure. Contact an attorney!
Answer Applies to: California
Replied: 5/9/2013
Janke Legal Consulting | Bruce C. Janke
There isn't much you can do unless the bank did something illegal in the foreclosure process. And even in that case, if you filed a lawsuit against the bank, you would have to tender the full amount of the loan balance.
Answer Applies to: California
Replied: 5/9/2013
Stephens Gourley & Bywater | David A. Stephens
You can sue the bank for bad faith, but that will not necessarily set aside the foreclosure.
Answer Applies to: Nevada
Replied: 5/9/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can make a motion to vacate that sale, but it is not likely you would win. Unfortunately, the likelihood is that your house is lost.
Answer Applies to: New York
Replied: 5/9/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    If you can establish that the bank wrongfully foreclosed, you can bring an action to have the sale set aside. You must establish that there was a promise the bank made to you in writing which it breached. Banks are not required to give you a loan modification. But if the forbearance arrangement stated that you would qualify for a modification if all payments under the forbearance agreement were made, then you may have a claim. You would also have a claim if the bank refused your tender of payment to pay off the loan, provided the amount of the payment was correct. But filing a lawsuit to set aside the foreclosure sale is very costly. Most attorneys will charge at least $5,000 just to investigate your case and begin the lawsuit. If the bank fights you, it will cost you tens of thousands of dollars to battle them in court.
    Answer Applies to: California
    Replied: 5/10/2013
    Stacy Joel Safion, Esq.
    Stacy Joel Safion, Esq. | Stacy Joel Safion
    Start packing. You have no remedy. Based upon what you posted the bank did nothing wrong.
    Answer Applies to: California
    Replied: 5/9/2013
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