What can i do if my real estate agent lied to me about postponing the sale of my home leaving me homeless?

    I have recently lost my home due to foreclosure, the original sale date was set for Sept 14th 2011, and sold on March 19th at auction.  Untill this auction date, i was able to postpone the sale date due to bankruptcy and had hired an agent to help me sell my home.  He had told me that he had a few buyers and that he had found one that was interested in purchasing my home.  

    During the same time he had ensured me that that  he had been in contact with the foreclosure company and that the proper documents had been submitted to them to notify them of a possible buyer.  On March 19th the date of the sale, i called the foreclosure sale number and it said my house was set for sale that same morning at 10 am.  I then called the woman who was incharge of my TS#.  She had told me that she never received any paper work, not even a hardship letter,  nore had she spoken to anyone regarding my property.  She also stated that she was the only person able to speak to about my account.   She told me that is was already 10:15 am and the sale had already begun and there was no telling if my home had been sold yet.  She said she would try to contact the auctioneer and let them know to stop the sale but if it had already been sold i would be out of luck.. (there is alot more to the story, but  long story short, my home was sold for 189,000,  i owed 100,000 and it was worth 275,000 to 320,000 according to the comps.  

    please let me know if there is anything i can do.  i am facing homelessness, and because of existing liens i will only be receiving 20,000. 

    0  Views: 725 Answers: 4 Posted: 7 years ago

    4 Answers

    tConsumer Protection Assistance Coalition - Let's Take a Good Hard ...


    29 Aug 2011 – The legal case evaluator contacted me, did a basic over the telephone interview ... with Children and the Elderly facing homelessness caused by Lenders.” ... Abad and his company held themselves out as real estate brokers and ..... trustee sale reversals, even if your current on your loan and just want out, ...his site sorry to here this


    What a Terrible Mess!!!!  There are multile sites for logging complaints against your are some but using google (or your search engine) put in Complaints about Realtors and lots of stuff wil come up : (National Association of Realtors),  _____(your State) Association of realtors(then google), _____(your state) Department of commerce(then google),  (Better Business Bureau)...if they you need a lawyer call your district court house- there is usually a list of times you can visit with a pro-bono(free) lawyer.

    Before you contact the Bank or lending co. read all of the fine print they sent you when they first told you you might be evicted-  make sure they stated somewhere that 1) you were the only one to dicuss this with them, and 2) you could write a hardship letter or should contact them if you get a contract on your this first...if they did put this in writing you can still complain about the Realtor- but the realtor can point back at you "he got the letter, he already knew he would have to do it" (slimey- I know)...If they did write it you can still complain to the lender.  Part of your complaint would be that all of this was in tiny print mixed in with a lot of other stuf- there should have been a bold print section labled What You Can Do.(or something similar).  If after reading all of the paperwork there is nothing in writing about 1) or 2)  find out who to complain to- complain to everyone'- manager, district manager, head of foreclosures or defaulted payments etc.

    It is hared to "win" with large companies!  In the meantime, look for an inexpensive apt or house to rent...I know how difficult they are to find and I really understand your financial bind! God Bless.

    The Real estate Agent schould have put in writing, that he contacted the foreclosure company. Never, ever take theire word for it and you schould have asked for a written note, that he actually contacted the foreclosure company. Contact your Consumer Protection Agency in your State. They will tell you what, if anything you can do. These days its hard to trust anyone witout putting in in writing. So sorry this happened to you and hope something can be done about it.

    A couple of things worth considering.  Firstly, results of auction typically bind the buyers.  From what I understand, the judge would still have to approve the sale, assuming there are no more issues left that could "rock" this boat.  Contact a real estate attorney, preferably one who knows foreclosure sales.  Next, you may have a case against your agent if you can prove misrepresentation or deceit.  If found to be true, his license could be in jeopardy besides having to pay restitution to you.  For this, go to your local Department of Regulatory Agencies to see if he's had problems in the past, and also to your state's real estate commission to submit your charges against him.  Do an outline first in order that you can go there and be ready.  Not only could the agent be liable, his brokerage firm could be held liable as well.   Good luck.

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