Foreclosure in Stockton>Question Details

Jen, Other/Just Looking in Stockton, CA

What are my rights as an x-home owner that lost home to foreclosure in Aug.2011 only to learn that it was rescinded and the title is back in my name?!

Asked by Jen, Stockton, CA Wed Sep 5, 2012

The home was in good, clean, livable condition when I handed over the cash for keys. During the months it sat vacant while under the ownership of BofA, it was vandalized, squatted in, etc...and is now a major fixer. B of A is sending me mail and calling constantly asking me to cooperate on a Short Sale! I had almost a year behind me with the foreclosure and now I'm back on title? The city has citations, etc...against the home, and now I AM THE RESPONSIBLE PARTY? HELP! Any lawyers willing to take this on pro-bono?!? Make some headlines for yourself and take BofA down! One more had been in escrow as an REO only to have them rescind my foreclosure during the escrow period. B of A cancelled escrow but the buyer is PISSED and still wants house so his $5K is sitting in escrow and he placed a lis pendens on property! How's that for complicated?

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I just happened on your story here while searching and I think I can help you. I think you need to look at the bright side of this. You will no longer have a foreclosure on your record. You received cash for keys and now you should do a short sale, as BofA could possibly pay you more money!!

I would find an agent that has experience with short sales (like myself) and get the property listed and apply for a HAFA short sale, they will pay you an incentive even if you no longer live in the property. Sell the property back to the investor who has is $5000 in escrow (which he will remove the lis pendens, if he wants the property) and close escrow. Done!

You don't need expensive attorneys to do this. While on face value it seems complicated a competent real estate agent can work this out for you. The Bank will pay for the city violations (if you have a good short sale negotiator) and you can wipe your hands of this situation.

If you would like my assistance, pro-bono of course, because the bank pays all commission, then give me a call at 209-451-5446 and we can chat.


Cindy Mello
Keller Williams Realty
0 votes Thank Flag Link Wed Sep 19, 2012
Hi Jen,

I may be able to help.

I work with investors who would may your home in short sale then sue the lender, depending on the violations. A lawsuit is very expensive to see it all the way thru.

I work for an attorney and we do wrongful foreclosure lawsuits but we can not afford to do this pro-bono.

When was the foreclosure sale rescinded?

JoAnna Jensen
Legal Assistant
0 votes Thank Flag Link Thu Sep 6, 2012
Oh my, Jen! That is one amazing situation you're in. Wouldn't wish that on anyone. Well, maybe a couple people, but definitely not you. :-)

Taj is absolutely correct. We Realtors cannot give legal advice and you probably won't find any atty's on Trulia.

You'll definitely be doing yourself a favor by speaking with a real estate atty ASAP!

I wish you much luck in your convoluted situation. It's definitely worth seeing on the news. In fact, you might want to even start there, but calling Call 3. Have them do a news feature on you.

0 votes Thank Flag Link Wed Sep 5, 2012
Definitely seek an attorney. Your situation is unique and a Real Estate Attorney is your best bet.

Taj Weldon
DRE 01816152
0 votes Thank Flag Link Wed Sep 5, 2012
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