Couple Fought Wrongful Foreclosure In Court, Emerged Victorious

By Laura Northrup February 18, 2014

It’s nice to hear about a battle of consumer vs. bank that ends with a consumer victory. Better still when it means that the consumer gets to stay in their home, which they were in danger of losing to foreclosure. That’s the heartwarming story of one California couple who fought back in court.

They spoke to a local TV station with the mission of letting other California homeowners know that they too have a weapon against wrongful foreclosure. Anyone can sue. They didn’t name their bank on the air, but did explain how after the confusion of the housing bubble and packaging of mortgage-backed securities, sometimes it isn’t immediately clear who owns the mortgage on a given house. It’s possible that the entity foreclosing on a house has no right to do so.

“This is of course something the banks want no one to know about,” their attorney explained to the TV station, “because otherwise you would have everyone running to the court trying to file a claim.”

Homeowners in other states may not be so lucky: as you may remember, California passed legislation a few years ago that gives homeowners special protection from abusive lenders and potentially wrongful foreclosures.

Rancho Cordova Couple Turns Tables On Lender’s Foreclosure Attempt [CBS Sacramento]