What to do if my house was foreclosed on and sold and I didn’t find out about it until after the sale?

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What to do if my house was foreclosed on and sold and I didn’t find out about it until after the sale?

I received no phone calls or mail stating the foreclosure process was ever under way. I’ve owned my home for 13yrs and this past year I fell on hard times and made my payments late (a couple very late), but I always caught up and wasn’t behind! When I contact the mortgage company they said they hadn’t receive any payments for a year but I have all my bank records proving I did. I filed for wrongful foreclosure and the judge put a restraining order on them to prevent them from evicting me from my home, and I’m waiting to do a deposition but there is no court date set and this is dragging out (and my money is running out)! Has anyone had experience with a case like this before and what kind of outcome could I expect?

Asked on October 16, 2012 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I suggest that you immediately consult with an experienced real estate attorney that engages in plaintiff's work pertaining to wrongful home foreclosures about your situation. You will need to get all documentation in order to assist in the nalaysis consisting of, but not limited to monthly statements from the lender, cancelled checks and the like. From there the attorney will make an analysis and give you your legal options.


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