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Topic: UD complaint after trustee sale

Created on: 02/12/15 12:18 PM

Replies: 6

MI1


Joined: 01/03/15

Posts: 7

UD complaint after trustee sale
02/12/15 12:18 PM

Buyer filed UD for eviction and transferred title while I have lawsuit pending. I filed it on same day trustee sale. I also added buyer as defendant last week. Ex-parte prelim injunction stay got denied. How many people have success filing liz-pendens?

By the way, I am a member of this site, am I consider Subscriber?

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HALINA1


Joined: 11/08/13

Posts: 60

RE: UD complaint after trustee sale
02/14/15 4:20 PM

what does the real estate board have on such matters?

what are the IRS codes on real estate matters such as you claim?

What does the BBB have to say about such matters?

what case law addresses the specific issues in your case?

what statute are associated with your case in your jurisdiction?

ME@htb

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BONNIE1


Joined: 02/12/15

Posts: 1

RE: UD complaint after trustee sale
02/15/15 12:51 AM

All I can say about filing a lawsuit on the same day as the trustee sale is, it's too late. I know here in Washington State, you have to file them within a certain timeline. I forget what it is without looking it up again. But if you don't do it within their prescribed timeline, you wave it and there is nothing you can do about it after that time. I suspect that is what has happened with you.

At this point, I think your only option is to prove wrongful foreclosure by showing they didn't own the note, forged documents (robo-signed)or something showing they defrauded the court causing it to wrongfully foreclose.

Just my 2 cents worth.

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MI1


Joined: 01/03/15

Posts: 7

RE: UD complaint after trustee sale
02/15/15 8:53 PM

To HALINA1,
bbb is working for its member who pay the due every year.
Real Estate Board is working for its own interest.

To BONNIE1
No note; Robo signing and MERS.

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HALINA1


Joined: 11/08/13

Posts: 60

RE: UD complaint after trustee sale
02/17/15 4:10 PM

if you proceed with this matter you still have to do some research relevant to your jurisdiction.
IRS real estate codes
Your state statues relevant to real estate & foreclosure
Federal statutes relevant to real estate & foreclosure
case law relevant to the situation you are faced with

As mentioned by another ... there are time lines.

by the way ... does your state have a community dispute resolution center which is usually offered by the BBB.

your state R.E.Board most likely patterns its policy on the state & federal statutes.

Best wishes.

ME@htb

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MORSE1


Joined: 07/06/15

Posts: 3

RE: UD complaint after trustee sale
09/03/15 6:09 PM

UD's apply to tenants in some states. Are you now defined as a tenant or are you an owner in a dispute?

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MORSE1


Joined: 07/06/15

Posts: 3

RE: UD complaint after trustee sale
09/03/15 6:11 PM

Possession is, according to some authorities, 9/10's of the law.

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