CanI take the bank to court for fraud or wrongful foreclosure for failing to serve me foreclosure papers?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

CanI take the bank to court for fraud or wrongful foreclosure for failing to serve me foreclosure papers?

My property was foreclosed on by the bank. I was not served any papers, instead they were taken to a gas station 5 miles away and signed by somebody else, not me. I need some advice how to fight back.

Asked on September 22, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your real proeprty was foreclosed upon without Consitutional Due Process of receiving the required notice of the intent to foreclose as well as the date and time of the trustee's sale due to the notice was served upon some gas station miles away from where you reside, you have every right to file a petition or other legal action to set aside the foreclosure.

To do such is complicated and you will need to immediately retain an experienced real estate attorney in the area of foreclosures and the requirements for such in the State of Florida. You should immediately start your search to retain an attorney for setting aside the foreclosure.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption