Foreclosure in 92394>Question Details

Jennifer, Other/Just Looking in 92394

My bank Nationstar filed an NOD on my property Nov 4th 2009. A month later I asked the loss mitigations team if I could do a short sale or possibly a

Asked by Jennifer, 92394 Tue Feb 16, 2010

deed in lieu of foreclosure. They refused to do a short sale, but told me what was needed for a deed in lieu. We negotiated a cash for keys because I needed to move out of the state to go to family. 2 weeks later I packed everything into a truck & took pictures of my empty house. I was told I wld get a check 24-48 hours after the house was vacant. 2 days later I'm told the bank rejected my deed in lieu of foreclosure. They knew I had already moved out and they screwed me. I have been staying with friends, unable to leave the state. I placed some of my things back into my home for the time being. I just went back to my house last night and they changed the locks, removed my things, and placed a note in the mailbox to not deliver mail. I never received a notice of trustees sale nor was it posted on my door. And it's my understanding that an NOD is for 90 days and the notice of trustees sale has to be given 21 days prior to sale. Am I right to think they did this illegally? What can I do?

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6
Sounds VERY wrong.....!

I hope, you brought RE attorney in.
now, it is probably too late, but if you need one, let me know.
0 votes Thank Flag Link Thu Oct 18, 2012
When Harold below gets screwed, then we can all jump on him too.
0 votes Thank Flag Link Fri Feb 19, 2010
Not shocked, the real crooks and criminals live in the biggest buildings in town and have the most money. Good old America.
0 votes Thank Flag Link Fri Feb 19, 2010
Hi Jennifer
There is a couple of ways of looking at this.
One way is you stopped paying for the house and they basically took it back by a bit of trickery but nonetheless they did it. You said you vacated the house and when you did that took it back.
you stopped paying on a loan you promised to pay what do you expect?
option two contact a real estate attorney and pay a few hundred to delay the inevitable.

Harold Sharpe
So Cal Homes Realty
(951) 821-8211

http://www.socalhomesrealestate.com
0 votes Thank Flag Link Tue Feb 16, 2010
If the property has not been foreclosed yet, send the lender a "Q" letter. This will stop the foreclosure. To find out more get my free report, "How You Can Legally Stop Your Foreclosure". See the web reference below for the link.
0 votes Thank Flag Link Tue Feb 16, 2010
First thing is contact a real estate attorney. second thing did you sign a formal cash for keys agreement or do it verbailly? Only what is signed an din writing is enforceable. you will have to check California law, and maybe some CA brokers will chime in, but you need to see if the foreclsoure sale has taken place. if not they dont have a right to your house however ifthey deemed it vacant or abandoned, they do have a right in some states to change the lock and secure their property. Unfortanately i do see this an awful lot lately. Whoever changed teh locks should have left an emergency letter on the property and you can contact them. According to law they have to hold your items for 30 days (may be different in CA). if the foreclosure has not taken place, and you still own teh building you will need to take possession of it again and assert your rights. An attorney may be teh best place to start.
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Tue Feb 16, 2010
I agree, did they give you that promise in writing?????? Everything should be in writing! Every single promise, suggestion, rejection of a short sale, etc.
Flag Thu Oct 18, 2012
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