Arizona foreclosure and bankruptcy lawyer discusses whether you can get our house back after foreclosure

By
Real Estate Attorney with The Law Offices of Steven C. Vondran, P.C. Attorney at Law

If your house sells, you are in a tough spot in California and Arizona.

Normally, we would need to see if there was any fraud/robosigner in the sub of trustee. It is tough to reverse a sale where the notice of default and notice of sale and other documents were validly executed. We charge for an initial up-front review of your documents, and chain of title. No guarantees we find anything, and no guarantee we file anything. We need good faith grounds to file a foreclosure lawsuit. Once the house is sold, they (the lender, loan servicer, etc.) normally argues you need to "tender" the full balance of the loan in order to be able to challenge anything. If there is fraud in the substitution of trustee, there is case law saying no tender is required. In the event we do find something worth filing, you have to realize you have a whole lot of legal work that would need to be done including:

(1) Answer unlawful detainer that will likely be filed

(2) File a civil lawsuit

(3) File lis pendens

(4) Seek to consolidate the unlawful detainer case with the Civil case, or else have the UD action stayed/enjoined pending the outcome of the civil case

(5) Appearances at hearings, etc.

So, there is a large up-front filing fee and after that we bill hourly, or in some cases can set a "monthly litigation fee."

SO AS WE TELL EVERYONE - DO NOT TRUST A WORD YOUR LENDER OR LOAN SERVICER SAYS. ONCE THEY FORECLOSE THEY SERIOUSLY HAVE YOU ON THE DEFENSIVE.

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Don't forget to catch us on our Foreclosure Radio Show!  Or seek foreclosure and bankruptcy strategies at http://www.ultimatebk.com  or http://www.ForeclosureDefenseResourceCenter.com

If you want to have your options reviewed, fill out our loss mitigation form at http://www.AttorneySteve.net (Sorry, California and Arizona properties only).  We are once again taking Wachovia and World Savings Pick-a-Pay and Option Arm loans (negative amortization loans) on a CONTINGENCY FEE BASIS.  You can check out our profile on ContingencyCase.com.

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