Legal Question in Real Estate Law in Wisconsin

2 issues here: We purchased a home in 2007, and after the purchase found out that not only was the appraisal we paid for extreme inaccurate and didnt divulge all the items wrong with the property but also ALOT of things the sellers did to get us into this house fit the description of predatory lending. Secondly, within less than 1 year the mortgage company was trying to foreclose us on and actually did foreclose while we were in the middle of a short sale hunt and we were not given proper notice of the foreclosure hearing. Where do we start and who with? We don't have $2000 to get an attorney because this incident caused extreme financial hardship on us that we are trying to dig out from under.

Thank you!


Asked on 5/25/12, 12:11 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

The sequence of events which you describe may not be accurate, so you should schedule an appointment with an experienced real estate or bankruptcy attorney in order to come up with an accurate history. Starting a foreclosure does not transfer title, so you remain free to sell the property until the sheriff's sale is confirmed, provided that it is for enough money to pay the bank in full. Short sales, however, for prices less than the loan balance, are not possible without the bank's permission, so they could have stopped the sale regardless of a pending foreclosure if they wished to do so. It would be difficult but still potentially possible for you to sue your seller for misrepresentations on the property condition report, but I doubt that you will be able to do this unless you can afford an attorney. The time to raise predatory lending would be during the foreclosure rather than after it is over, so it may be difficult to do anything this late in the process. Unfortunately, you seem to have waited too long to seek legal advice. A lawyer could have done much for you had you consulted one sooner. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only. Regardless of this, however, you are still welcome to contact me during business hours at my in Racine if you still have questions.

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Answered on 5/26/12, 2:35 pm


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