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In situations where a foreclosure has already occurred, the California Supreme Court held that a borrower has standing to sue for wrongful foreclosure based on an allegedly void assignment of his or her mortgage.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
You can stop the foreclosure process by informing your lender that you will pay off the default amount and extra fees. Your lender would prefer to have the money much more than they would have your home, so unless there are extenuating circumstances, this should work.
Negotiate With Your Lender. If you are having financial difficulties, the worst thing that you can do is bury your head in the sand. Request a Forbearance. Modify Your Loan. Make a Claim. Get a Housing Counselor. Declare Bankruptcy. Use A Foreclosure Defense Strategy. Make Them Produce The Not.
Power of sale foreclosures are also known as nonjudicial foreclosures.
Explain precisely what your request is. Mention the reason for the request. Use polite language and a professional tone. Demonstrate respect and gratitude to the reader. The content of the letter should be official. You may provide contact information where you can be reached.
The start of the letter should be with a warm greeting, then you should introduce yourself properly, that who are you, your name, job, position and name of the organization. It will make it easy for the reader to understand who is asking for a letter of request.
Eviction After the Foreclosure SaleOnce your legal right to stay in the home ends, if you don't vacate the property, the new owner (again, often the lender) will start eviction proceedings to remove you from the property.Other times it might have to file a separate eviction action with the court.
Proving Wrongful Foreclosure If you wish to sue the bank for wrongful foreclosure, you must prove the following: The lender owed you, the borrower, a legal duty. The lender breached that duty. The breach of duty caused your injury or loss (damages)