My wife deferred the mail and hasn’t made a payment on the house in two years.

My wife deferred the mail and hasn’t made a payment on the house in two years. I was just served with notice to quit and have to be out in three days. I have the $30,000 for the arrears I contacted a lawyer whom I gave $3,000 retainer to help me, but He returned my deposit and explained there is nothing I can do. Please Let me know if I have any options, other than lose my house.

One thought on “My wife deferred the mail and hasn’t made a payment on the house in two years.

  1. I am not sure what you mean by “My wife deferred the mail,” however, the second part of that statement is pretty clear. By not making the home payment, the home went into non-judicial foreclosure, and it appears that the foreclosure sale has been completed and you have now been given the required three day notice to quit the property. I assume the statement about the mail has to do with your not having received notice of the foreclosure? In any event, the case law on setting aside non-judicial foreclosures is not in your favor at all. The level of misconduct on the part of the lender you would have to demonstrate is so high that based upon the facts you provided (sounds like your wife either intentionally or mistakenly deceived you), the lender does not appear to have done anything wrong. You need to have the case reviewed by someone who specializes in filing litigation to set aside foreclosure sales and attack the underlying loan to determine what, for sure, happened. That being said, again the case law is not in your favor, and if an attorney has already looked at it and returned your deposit, that’s a pretty good indication that there isn’t anything to be done. I am sorry to say that generally it is too late by the time you receive that three day notice to do anything but file a lawsuit and hope to set aside the foreclosure, or just accept it and move. Good luck.

    *Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC’s (the “Firm”) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

    David Gibbs
    The Gibbs Law Firm, APC
    110 E Avenida Palizada, Ste 201
    San Clemente, CA 92672-3956

Comments are closed.