Can a forclosed auction sale of your home be reversed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 9 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 9 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.