Hanging by a Thread: Fighting An Illegal Foreclosure

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Hanging by a Thread: Fighting An Illegal Foreclosure

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Hanging on by a thread...

In 2020, during Covid, I had no work and fell behind in my house payments. The lenders then sold my loan to an investment company that immediately filed a foreclosure. This was illegal, but at the time I did not know this, and cashed in some of my retirement to pay off the back payments.

This same company filed a foreclosure in April of 2024, as I was struggling to get the last of my 401k funds, because the account had been moved to another company. I finally got the funds released to me 2 days before the auction (back payments of $4,000), but the investment company demanded the balance of the loan, which was (they said) $60,000. So I filed for bankruptcy and had to stop the auction myself at the auctioneer's block.

Then, without any other notice by the investment company, they sold my home by auction in July. I filed with the court an answer to the new "owner" a response against eviction, but they filed a summary of judgment and sided with him just this week.

The manner in which the investment company put the property up for auction was illegal in many aspects, not following proper procedure, not notifying me of the second auction, etc. But as it turns out, there are no checks or balances with the homeowner to keep them from doing this, and so the new owner from his perspective legally bought the house at auction, and now I must leave by 11.26.2024.

I have very limited funds left, and will be living in a trailer that I was in the middle of restoring and have not yet finished. It will have no heat, no running water (although it does have a shower), and the inside is still rough framing. I did manage to buy a solar-powered system for electricity, as I will need an internet connection to continue my legal battle against the investment company. I need to rent a storage space, I need a heater and the materials to insulate and finish the inside so that I don't freeze. I haven't driven in 8 years, and both the trailer and my truck need new registration and new tires so I can hopefully at least go see my mom this Thanksgiving, which is 3 hours away.

I have verified with some real estate attorneys that I definitely have a case, but they weren't local and could not help me––so I also may need the funds to hire an attorney, as of yet I haven't found one that will take my case on either pro bono or dependency that is local and has the experience in real estate law. I know that I'm right, and if I can't find an attorney to represent me, I will sue them myself. I have represented myself in a custody case and won when attorneys I met with told me that I had no chance. But this will take all of my focus and I won't be able to find work for a while.

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Charlie Zxi
Organizer
San Jose, CA
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