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How can my Morgage Company do this to me???

CaliforniaForeclosureLawsuitLien ForeclosureMechanics Lien

Good morning, my question is my mortgage company sold my home when I was in modification And I filed bankruptcy and supposedly saved it by 11 minutes, but Found our i didn’t need to because I was in modification which I knew I was even though they kept saying they never got any paperwork which I faxed five times with confirmations and they still sold it.. But “supposedly” they didn’t record it even though the guy that bought my home illegally showed up at my front doorstep the next morning of the auction with the contract signed and everything, Also they mail me papers showing that the title went back to the bank.But it’s like it erased into thin air and then made an offer to us before we said anything Which is very much guilty do I still have a case? Also I had a flood in my house and it was never finished I still have holes in my walls, water underneath my linoleum, Half of the carpet gone and more. So my second question is can I file for a mechanic lien even though I am in foreclosure and I’m Suing my Morgage Company at the same time As I put it up on the market to sell it on Monday Yeah my lawyer is telling me that I need to put it on MSN ASAP and I don’t know if that to hold the mortgage company back give him more time which I believe so since I have tons of equity Do you want my house bad and there’s a lot of mistakes that They made which are illegal. But I’d like to get more for the house by getting all the stuff done, Plus I had PG&E which is My power company come out to do an assessment Because I have been really sick and on disability and it’s a free program where they’re going to fix everything including weatherize the windows, doors stuff like that.. I know this is a lot you guys, but I appreciate the honesty and help as this past year and a half has been absolute hell divorce cheating wife Home sold illegal. So do you think this is possible?? Thank you so much. PS. I forgot that I do you have a class action lawsuit going on too for construction defects.

1 reply

Mar 11, 2020
To best understand the ownership status of a given property, it'd be wise to check the county records. That should help to cut through some of the BS and positioning to see if the property has actually changed hands at all. If the mortgage company has actually taken some action that they weren't entitled to do, or if they've been operating in bad faith, then it's entirely possible that action against that company could be on the table. Regarding mechanics lien rights - mechanics liens are only available to those who have performed work on the property that resulted in the permanent improvement to the building, house, land, etc. So, if work wasn't performed by the party who's looking to file a lien, then their lien claim would likely be invalid and enforceable and could even give rise to liability. What's more, it wouldn't make much sense for an owner to file a lien against their own property because, at the end of the day, that'd probably only injure the owner. Not to mention owners generally won't have lien rights against their own property. I'm not sure why your lawyer has advised you to put the house on the market ASAP, but they may well have a valid reason for doing so. And, reviewing all communications your lawyer has sent you and/or following up with them for clarification should help to clear things up. Plus, if you feel like you aren't being properly represented, or if you think you need more help than you can afford, keep in mind that there are legal aid services in California specifically designed to help the disabled and those who are in property battles they can't afford to fight. Below is a list of organizations that might be able to help. - Free and Low-Cost Legal Help | CA Courts - Free Legal Help | State Bar of CA - The Legal Aid Association of California Finally, keep in mind that class action lawsuits are generally suits that have a large number of plaintiffs bringing a case under the same cause of action against one party. So I'm not sure that'd make a lot of sense here. This article should be helpful in explaining construction defects claims: Construction Defect Claims - The Basics.
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