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


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.

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