Legal Question in Real Estate Law in California

I am fighting a UD because of the negligence of the escrow company that handled the loan. My monthly payments were impounded and the escrow company DID NOT take out or CALCULATE the proper amount for monthly payments. This caused our payments to increase by $600 dollars a month, which threw us into struggling to pay the mortgage. Needless to say, the house was foreclosed upon and sold to FANNIE MAE. I am still in my home, but am being pulled into court every two weeks (harrassment) by FANNIE MAE. I will NOT move out of my home because of a major mistake of the escrow/title company. I want my home given back to me and I want the title FREE and CLEAR. They have caused me so much emotional and mental stress. What can I do and where can I go? I have no job, it is just me and my two children trying to hold on to the one thing I worked so hard to acheive. Where can I go and who can help me?


Asked on 8/07/12, 2:53 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A better time to fight this battle would have been months ago, sometime between when improper payments were first made and/or when the lender first notified you (via a monthly statement) that your payment was insufficient, on the one hand, and when you were served with a Notice of Default, on the other hand. You had at least three months between getting a Notice of Default and the foreclosure sale, probably much longer, to complain and get things squared away. At this late date, the house has been sold and belongs to someone else -- maybe Fannie Mae. There is only a SLIGHT chance that something can be done at this stage of the game. I'm not really clear what the every-two-weeks court appearances might be about; normally, the post-foreclosure process involves a single-appearance unlawful detainer (UD) proceeding, followed (when necessary) by the new owner getting assistance from the sheriff to carry out an eviction. All in all, I'd say that your remaining days in "your" home are numbered, unless you find someone to act on your behalf very quickly. Even then, I am rather doubtful that you can avoid eviction at this point even if an escrow company has made a mistake.

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Answered on 8/07/12, 7:44 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with what Mr. Whipple states, but also add some other points.

You're not going to get the home free and clear when you owe money, just because someone may have miscalculated how much you owe. You may be able to set aside the sale, but you would still be subject to the deed of trust. You need to have the matter reviewed by a competent real estate attorney.

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Answered on 8/09/12, 1:18 pm


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