And this is exactly why us Foreclosure Fraud Fighters fight the fight...
Getting a foreclosure sale cancelled is darn near impossible. Getting a foreclosure sale set aside is even more than darn near impossible. Getting a foreclosure sale set aside when a third party has purchased is, well, somewhere far to the north of darn near impossible.
Unfortunately every day consumers are victims of lies, fraud or just plain mistakes when lenders and servicers intend to cancel or not go through with sales but their attorneys just go right ahead with sales. I’ve had clients of lenders demanding that their own attorneys cancel sales then be told by their own attorneys that they cannot cancel a sale… A FLAT OUT LIE.
Well posted here is a fantastic Order from Forclosure Fraud Fighter, Wendell Finner. His case represents that all too common situation of a client lulled into complacency thinking no sale will happen because the servicer has assured them when BAM!, a foreclosure sale goes through.
Trust me, getting this situation corrected is a near impossibility, but this feat was accomplished by a great lawyer from the Jacksonville-area. If you’re interested in learning more about his great legal work, contact him at:
First Coast Consumer Law
Wendell Finner, P.A.
340 Third Avenue South, Suite A
Jacksonville Beach, Florida 32250-6767
(904) 242-7070
(904) 242-7054 fax
wendell@beacheslaw.com
HE GETS THE VOTE FOR FORECLOSURE FRAUD FIGHTER OF THE WEEK!
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4closureFraud.org
Can you help us in the Southern District of Texas? Homeowner filed Chapter 13, two hours after sale to Third Party, on Tuesday, 7-7-15. As of 7-10-15, “Title Not Transferred”.
This was possible because the homeowner was completely organized with names and dates of people she had talked to at the mortgage servicer and letters she had received to hand the judge. Even sympathetic judges are not going to be able to help when the homeowner arrives after the fact with unspecified claims that unspecified people were spoken to at some time over a multi-year period.
This is a huge accomplishment! KUDOS and APPRECIATION TO Mr. Wendell Finner!
Any day in a judicial state with a high foreclosure rate, the courthouses’ walls echo with this couple’s story over and over.
Another homeowner falsely soothed into believing that the sale has been canceled. I can’t count how many desperate people beg for an Emergency Hearing to Cancel a Sale. I’ve seen people come in with proof of payment to bring a loan current trying to stop or reverse a sale. I’ve seen people come in with signed loan mod or short sale agreements trying to stop or reverse a sale. I’ve seen people who were never served with the summons or any other pleadings of the foreclosure action come in with the notice of sale, one couple had actually sold the house years ago and paid off the outstanding note that was the subject of the foreclosure with the proceeds of that transaction.
ForeclosureHamlet.org