Foreclosure in Kentucky>Question Details

Steve, Home Buyer in Kentucky

I lost my house through forclosure do to illegal acks on the banks neglagence. How do I fight it?

Asked by Steve, Kentucky Sun Nov 16, 2008

After my divorce where I flied bankruptcy releaving me of my oblgation to my house that my wife owns, I purchased another house on my own after 2 years. I was told I could refinance the house in 12 months for a fix rate. After 12 months I tried and was denied because of my debt to income was out of wack. The reason that was after investigating is Well fargo bought my X-wifes morgage from washington mutual and illegally attached her loan to mine. Now according to Wells Fargo, I had 2 morgages. I explained to them and also sent them the bankruptcy papers, quick claims deed and divorce papers explainning to them I had no responsablity for my wifes morgage and it should not be attatched to my loan. Ther never responded after numerous attempts to contact them. The only responce I received was a forclosure letter and then the house was sold in an auction with no explination and my claim disapeared. What do I do now.

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If you claim disappeared? Is it still on your credit report. If all else fails author letter to CEO of Wells Fargo, Better Business Bureau, Attorney General office of state you reside in, Federal Trade Commission, file complaints. List CEO name of Wells Fargo, it will obtain the attention of corporate office.
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1 vote Thank Flag Link Sun Nov 16, 2008
If the house has been sold at auction, it will be extremely difficult to establish a claim. Only an attorney can offer good advice at this time.
1 vote Thank Flag Link Sun Nov 16, 2008
You are going to need an attorney to move forward. you may want to go before a judge with a motion for the bank to cease and desist further action and freeze the sale through auction. The question for you is.... Although you got a judge to say you were not responsible for the mortgage did you get released from the mortgage from the bank. if not this is what they are going to use. you need to stay in your house to have a chance to fight it, if you move out it is abandonment and you can kiss your chances goodbye. If you do not have the money for a lawyer you should contact the kentucky bar association for a pro bono lawyer, you should also contact teh Kentucky AG's office for assistance. you will need to move fast on both fronts.
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1 vote Thank Flag Link Sun Nov 16, 2008
Hi Steve:

This would not be something a Realtor would help you with except to advise you to obtain an attorney to handle the legal end, and who will direct you to someone who can assist in getting your credit realigned after such an unfortunate circumstance. If I were to give any advice at all, I would say move forward, start rebuilding your credit and your life. Unfortunately what has happened is bad history and maybe you should hand everything over to an attorney for him/her to handle, if that's what you decide. In the meantime, you yourself should make every effort to just move forward with rebuilding your life. Otherwise, you will see yourself two years from now in the very same spot you're standing right now.
0 votes Thank Flag Link Tue Feb 24, 2009
In My Humble Opinion, you should have never got a loan--with a bankruptcy 2 years ago. You wouldn't have these problems if you were denied the loan. The banks made a mistake--giving you a loan. Now you and the banks are both paying for your mistakes. Good Luck
0 votes Thank Flag Link Mon Nov 17, 2008
Fighting a coorporation is tough. I will say many have tried. Few have won. If you have deep pockets than get you the best lawyer you can find and you may have a chance. Hiring a great attorney is the trick.
0 votes Thank Flag Link Mon Nov 17, 2008
as you know realtors cannot provide . It does appear you have a case that quite possibly has some legal implications. The only advice I can give is to consult with a real estate attorney and have him try to figure out who is responsible. If cost is an issue for you find out if there are groups in your area that provide pro bono service
0 votes Thank Flag Link Sun Nov 16, 2008
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