How do I fight a wrongful foreclosure?

My bank was working with my real estate agent and I on getting the FHA to approve my application for short sale. The FHA approved the application but 3 or 4 days later the bank went ahead and foreclosed on the house (about 3 weeks ago) selling it to a third party buyer. I was out of the country on a job assignment.

Asked on September 23, 2012 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you write, the foreclosure was not wrongful: if you were in default on your mortgage, your bank had the right the foreclose. While they could choose to allow a short sale or work on a short sale, they are not required to do so--they could, at any time, elect to enforce their remedy of foreclosure.


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.