my home was sold illegally..what can i do?

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my home was sold illegally..what can i do?

refied my home 8 years ago..broker forged paperwork and turned it into a sale to his father in law..broker is in jail and father in law let home go to forclosure..now sherrif wants to remove me

Asked on March 2, 2017 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

File a lawsuit vs. the broker and his father-in-law IMMEDIATELY, suing them for the theft. Sue them not only for monetary "damages" (e.g. your costs and losses) but also for a court order voiding (undoing the sale) on the grounds of fraud, illegality, and your lack of consent to it. File the action on an "emergent" (think: "urgent" or "emergency") basis by a verified complaint and when you do so, also apply for an "Order to Show Cause" stopping your removal until the action is determined. Also seek an order undoing the foreclosure. You will need to name the foreclosing lender (or county, if this is a property tax-based foreclosure) as well in the lawsuit. 
The above is not guaranteed to work (nothing in law ever is), but gives you a chance to undo what happened and stop the lock-out. (And in the lawsuit, ask for the FULL value of your house in monetary damages, too, from the broker and his father-in-law; maybe you can at least get monetary compensation). 
The above is procedurally complex: retain an attorney to help you. And do it, as stated, immediately.


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