Wrongful Foreclosure
Description
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FAQ
A wrongful foreclosure occurs when a lender or servicer improperly takes possession of a property without following the legal process. This can happen due to errors in documentation, failure to provide proper notice, or violations of state law. If you believe you are facing wrongful foreclosure, it is crucial to understand your rights and options. US Legal Forms offers resources and legal documents to help you navigate this challenging situation.
In Texas, to have grounds for a wrongful foreclosure case, your attorney must typically prove one of these two things: That there was a defect in the foreclosure sale process. Maybe the lender failed to give you proper notice about the pending sale. Maybe you were on active duty or deployed with the US Military.
The foreclosure process derives its legal basis from a mortgage or deed of trust contract, which gives the lender the right to use a property as collateral in case the borrower fails to uphold the terms of the mortgage document.
The statute of limitations for wrongful foreclosure is at least three years and, possibly longer, if a borrower can invoke the discovery rule or equitable tolling. See Cal. Code of Civ. Proc.
In Florida, mortgage foreclosure actions are subject to a five year statute of limitations pursuant to Fla. Stat. § 95.11(2)(c). The statute of limitations begins running from the date that the cause of action accrues, which is typically the date of the borrower's default under the note or mortgage terms.
Proving a Wrongful Foreclosure Lawsuit You must prove that the mortgage lender owed you a legal duty, breached that duty, and that the breach caused some kind of injury or loss. This injury or loss is called damages. You must show what those damages are.
