What happens when a foreclosure is found to be wrongful?

Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report.

Can a foreclosure be stopped due to improper accounting?

Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan. Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved.

What makes a robo signing a wrongful foreclosure?

Robo-signing involves a practice in which bank employees blindly sign off on these documents without actually reviewing whether they are accurate and truthful. This amounts to submitting a false affidavit to a court, punishable both civilly and criminally. Enjoy Low Rates and Step-By-Step Guidance.

Do you have to sign a foreclosure document in person?

State courts are required to oversee the foreclosure process in many states. As such, the filing of important documents and pleadings is necessary and foreclosure defendants must sign each of these documents, in person, to comply with court rules.

What makes a case of wrongful foreclosure fraud?

Each jurisdiction handles claims of foreclosure fraud differently, with some states aggressively penalizing perpetrators, while others are more hesitant to intervene. One of the most common instances of wrongful foreclosure occurs when lenders, attorneys or consultants alter documents, forge signatures and fraudulently evict homeowners.

What to do if your house is wrongfully foreclosed?

If your home was stolen by the banks (or you are in the process of losing it) you may have legal options to stop the process! Homeowner’s who feel they have been wrongly foreclosed should share what happened with a wrongful foreclosure attorney who may be able to help before it’s too late.

When does a mortgage company have no legal right to foreclose?

If so, your lender does not likely own your note. If the recording date of the Assignment is near the time of foreclosure, then that entity had no legal right to foreclose. And if that’s the case you need to file suit against them because they are attempting to foreclose on your home ILLEGALLY!

Is it legal to sue banks over foreclosure fraud?

Now is the perfect time to sue the banks over mortgage and foreclosure fraud because the legal tide is beginning to turn, and homeowners are starting to win. You can read the Yale Law Journal Review paper entitled “ In Defense of Free Houses ” for proof.