CanI take the bank to court for fraud or wrongful foreclosure for failing to serve me foreclosure papers?
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CanI take the bank to court for fraud or wrongful foreclosure for failing to serve me foreclosure papers?
My property was foreclosed on by the bank. I was not served any papers, instead they were taken to a gas station 5 miles away and signed by somebody else, not me. I need some advice how to fight back.
Asked on September 22, 2011 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your real proeprty was foreclosed upon without Consitutional Due Process of receiving the required notice of the intent to foreclose as well as the date and time of the trustee's sale due to the notice was served upon some gas station miles away from where you reside, you have every right to file a petition or other legal action to set aside the foreclosure.
To do such is complicated and you will need to immediately retain an experienced real estate attorney in the area of foreclosures and the requirements for such in the State of Florida. You should immediately start your search to retain an attorney for setting aside the foreclosure.
Good luck.
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