[WSBARP] Ownership of home post foreclosure auction

[Paul Neumiller]

Whoa!?!?!  I have never heard of this.  Why would a bank do this??  I would think that the foreclosure process WAS completed because an auction took place at the court house steps.  It’s not the debtor’s fault the bank didn’t credit bid its loan at the sale.  Why couldn’t the debtor now make the argument that the loan has been wiped out by the sale and there is no deficiency opportunity because the lender used a nonjudicial foreclosure?  Is anyone else seeing this?  

 



 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Thursday, June 23, 2016 8:06 AM
To: attorney at shanapavithran.com; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ownership of home post foreclosure auction.

 

If the home was not "purchased" at the sale then the foreclosure was not completed.  No deed from the Trustee was delivered to a new owner.  

This means that your client is still the owner of the property.  

There are a number of defenses that can be raised in a foreclosure process to keep the bank and servicer at bay.  Now that the great recession of 2008 is getting years past the statute of limitations defense is looming and working its way through the courts of America.  The entire debt or part of it might now be barred.

anyway, if you client wants to talk to me a bout tis, or you want to, I am happy to do so.  I have been doing "foreclosure defense" for a while now.

Jim Doran




James R. Doran

Attorney at Law

100 E. Pine Street -  Suite 205

Bellingham, WA 98225
(360)393-9506

jim at doranlegal.com <mailto:jim at doranlegal.com> 

www.doranlegal.com <http://www.doranlegal.com> 

 

On Thu, Jun 23, 2016 at 4:49 AM, <attorney at shanapavithran.com <mailto:attorney at shanapavithran.com> > wrote:

 I have a client, whose home was foreclosed, pursuant to a trust deed foreclosure.  The lender held an auction on 2/5/16.  The value of the mortgage was approximately 230K appraised current value is approximately 155K.  Though foreclosed, home was not sold at the auction.  The bank did not bid at the auction or transfer ownership of the home to the bank's name.  The home remains in the client's name. He still pays the water bill on it.  He does not live there right now.  What rights does he have regarding the home?  Does the bank own it or does the client own it outright, as the mortgage is discharged by the foreclosure.

 

 

Shana Pavithran
Attorney-at-Law
Pavithran, PLLC.
22525 SE 64th Place, #279
Issaquah, WA 98027

Telephone: (425) 557-3625 <tel:%28425%29%20557-3625> 

Email: attorney at shanapavithran.com <mailto:attorney at shanapavithran.com> 
Website: www. shanapavithran.com <http://shanapavithran.com> 



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