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Any Real Estate Attorneys/experts that can answer a foreclosure question?

On October 3, 2009 / By Real Estate Law Help / In Real-Estate-Attorneys

Recently, my husband and I foreclosed on our home. We found out that there were numerous fraudulant things on our loan paperwork. We were first time home buyers, and we were easily taken advantage of. We have moved out of the house ,and the bank has taken posssesion. Although a long shot… is there any way we could still save our home? If we went to court, and could show that we were taken advantage of, and that the bank must uphold thier agreement on payments? (our original payment agreement was $2000 less than what our mortgage bill was, we would never have bought a house with a mortgage payment that high, nor the interest we thought we had, but didnt..) Is there any recourse I can do? I heard briefly of a quiet title? Does it relate here? Thank you so much for your help!

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2 Responses to “Any Real Estate Attorneys/experts that can answer a foreclosure question?”

  1. Toodeemo said:

    Oct 03, 09 at 1:18 am

    If the house has already gone to sale and title has transferred, it will be difficult to get it back. If the foreclosure sale took place and the foreclosure company has not yet transferred title, you could file and action to set aside the foreclosure, action to quiet title and possibly an action against the title company in some cases. When you file an action that puts a cloud on title, you also file what is called a Lis Pendens. A Lis Pendens let’s everybody know that there is a suit pending that deals with the property and that anyone who takes the house takes it subject to the outcome of the pending litigation.

    I would need a lot more information to really discuss your remedied…if any. However, you need to act quickly. I sugest you contact an attorney and have him or her review your claims. You may have something to stop the transfer. It is really difficult to tell without more information though.

  2. Golden said:

    Oct 03, 09 at 2:29 am

    an action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party’s title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title.

    This legal action is "brought to remove a cloud on the title so that plaintiff and those in privity with her may forever be free of claims against the property.

    This lawsuit is also sometimes called a Try title, trepass to try title, or Ejectment action "to recover possession of land wrongfully occupied by a defendant." However, there are slight differences. In an ejectment action, it is typically done to remove a tenant or lessee in an eviction action, or an eviction after a foreclosure. Nonetheless, in some states, all terms are used synonymously.

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