Rhode Island Amended Complaint for Injunctive Relief Stopping Foreclosure Sale of Property Because No Accounting on Mortgage Given
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How to fill out Rhode Island Amended Complaint For Injunctive Relief Stopping Foreclosure Sale Of Property Because No Accounting On Mortgage Given?
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FAQ
Most states allow lenders to sue borrowers for deficiencies after foreclosure or, in some cases, in the foreclosure action itself. Some states allow deficiency lawsuits in judicial foreclosures, but not in nonjudicial foreclosures.Your lender most likely won't sue you if they think they won't recover anything.
Wrongful foreclosure can occur when foreclosure processing companies submit documents to courts that have not actually been signed by homeowners and bear a forged signature. This practice not only gives rise to a cause of action for wrongful foreclosure, but can result in significant criminal penalties as well.
If a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy. The automatic stay will stop the foreclosure in its tracks. Once you file for bankruptcy, something called an "automatic stay" immediately goes into effect.
Negotiate With Your Lender. If you are having financial difficulties, the worst thing that you can do is bury your head in the sand. Request a Forbearance. Modify Your Loan. Make a Claim. Get a Housing Counselor. Declare Bankruptcy. Use A Foreclosure Defense Strategy. Make Them Produce The Not.
In rare circumstances, you can get a court to set aside (invalidate) a foreclosure sale. Sometimes homeowners aren't aware that a foreclosure sale has been scheduled until after it's already been completed. Even if your home has been sold, you might, in rare circumstances, be able to invalidate the sale.
Proving Wrongful Foreclosure The plaintiff (homeowner) in a wrongful foreclosure case must prove that the defendant (lender) failed to operate in good faith. If you wish to sue the bank for wrongful foreclosure, you must prove the following: The lender owed you, the borrower, a legal duty. The lender breached that duty.
If the property was foreclosed nonjudicially, the homeowner usually has to file a lawsuit in state court to void the sale. It might also be possible, in some instances, to file bankruptcy and ask that the sale be set aside as part of the bankruptcy case.
Again, most residential foreclosures in Rhode Island are nonjudicial.
A lender can rescind a foreclosure sale if a borrower requests to reinstate the loan agreements and then makes payment to bring the loan balance current, provided this is done more than five days before the scheduled sale date.