If I was improperly foreclosed on and the bank gets enlightened of it. What can be done and do I need to requalify?

Asked by Momincrises, Corralitos, CA Fri Sep 30, 2011

they sold my house a few months ago and did not show up for the second court date on the unlawful detainer since they probably realized they made a BIG MISTAKE..They asked for my financials for the second time since mid july. any comments on what I should do to protect myself from the bank and their . do they use the price they b ought it at auction for , or the amount of the existing loan I had less all the late/foreclosure fees?

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Louri Groves…, Agent, Fountain Valley, CA
Fri Sep 30, 2011

The United States Office of the Comptroller of the Currency (OCC) may be able to help. Consumers who believe that they were wronged by a National Bank may file a complaint. According to their website, the "OCC's primary mission is to charter, regulate, and supervise all national banks and federal savings associations."

The OCC has a section on Correcting Foreclosure Practices: http://www.occ.gov/topics/consumer-protection/foreclosure-pr…

For answers to banking questions and how to file a complaint regarding national bank activities, visit OCC’s consumer-focused Web site: http://www.HelpWithMyBank.gov.

I have had personal experience dealing with the OCC. They were extremely helpful and responsive.. Also please consult with an attorney.

Hope this has been helpful! Good Luck!
1 vote
John Arendsen, Agent, Leucadia, CA
Sun Oct 2, 2011
I'm not sure I'm totally understanding your question. Would you mind being a little more specific? What exactly was the "Big Mistake"?
0 votes
Lauri Beamish…, , Palm Desert, CA
Fri Sep 30, 2011
I agree, you definitely need a good real estate attorney. Many times if you look in the phone book, some offer free half-hour or hour consultations. Also you can contact your local realtor association and ask for a recommendation. If the amount they bought it for at auction is less than what you owed, you may, through a lawyer and if it truly was a bad foreclosure, get the bank to give you the lower amount as an "I'm sorry we screwed up" settlement.
0 votes
Lyle Wolf, Agent, Morristown, NJ
Fri Sep 30, 2011
You need the services of a good real estate attorney to protect your interests.
0 votes
Shanna Rogers, Agent, Murrieta, CA
Fri Sep 30, 2011
Hi Momincrises,

Contace a Real Estate Attorney as soon as possible!

Shanna Rogers
SR Realty
0 votes
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