QUESTION

Is that legal to push to sell something which is no longer yours?

Asked on May 29th, 2013 on Foreclosures - California
More details to this question:
Foreclosure filed by lender 5 years ago, until now 3x lien sold to other banks but lender who start foreclosure wants to force to sell property through court "Motion to Resetting Foreclosure Sale" but it's no longer owner of Note.
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1 ANSWER

Even though the original lender is no longer the holder of the promissory note, it may still be the loan servicing agent who has authority to conduct the foreclosure. Or the current holder may have appointed the original lender as its trustee to conduct the foreclosure. Otherwise, if the foreclosing bank does not have legal authority to foreclose, you can raise that fact in opposition to the motion. You would have to file a legal brief and declaration in the court. You will need assistance from an attorney, or at least a paralegal, to help you do this.
Answered on May 30th, 2013 at 10:23 AM

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