How doI sue my mortgage company for illegally foreclosing and selling my home?

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How doI sue my mortgage company for illegally foreclosing and selling my home?

After 14 months of paperwork being lost and re-sending documents, I was told that I was approved for a modification and would be receiving paperwork in the mail shortly. However after couple of days after a note was taped to my front door stating that my house was sold at auction and that we needed to leave. My mortgage company would not talk to me. I contacted the AG who sent a letter on my behalf and the mortgage company said that they would review my records. They agreed that I was never mailed a denial letter and never mailed foreclosure papers. But they are now saying that I would have been denied any how. Should I speak with real estate attorney? In Maricopa County, AZ.

Asked on February 5, 2011 under Real Estate Law, Arizona

Answers:

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

Answered 13 years ago | Contributor

Oh my goodness, yes!  Please speak with someone as soon as you can and put them in touch with the Attorney General'sOffice as soon as you can. The attorney and the AG's office together can help you tremendously to sort things through.  I would make the biggest stink here - not a legal term of course - in any way that I could: sue them, go to the press - whatever it takes.  The sale was not legal if you did not receive notice of foreclosure.  And the attorney needs to send a letter to the new buyers to let them know what is going on.  As for the modification, see what other programs are available for you here.  Good luck to you.


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