Can a forclosed auction sale of your home be reversed?

Due to the fact bank would not comply with a new bill passed that would allow the heir to take over mortgage payments. The bank would not even acknowledge this even though they knew our intentions and new we were trying to get a loan to purchase the home.

Asked on October 29, 2014 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes it can be done under certain circumstances.  It is generally done by filing a lawsuit to "set aside" the trustee's sale and have the title restored in the owner's name.  The burden of proof is on the owner but you as the heir would step in to the shoes of the owner for this purpose.  You would need to start by being appointed as the fiduciary of the estate.  Seek help for both.  Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes it can be done under certain circumstances.  It is generally done by filing a lawsuit to "set aside" the trustee's sale and have the title restored in the owner's name.  The burden of proof is on the owner but you as the heir would step in to the shoes of the owner for this purpose.  You would need to start by being appointed as the fiduciary of the estate.  Seek help for both.  Good luck.


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