Lender inadvertantly put our house up for foreclosure

[MJSMan]

We live in Oregon.

Our lender, First Franklin, inadvertantly put our home up for foreclosure. By their own admission, both from a customer service rep and her supervisor, it never should have happened. It has resulted in our home being listed in our county as being on the auction block, we can find our home on foreclosure websites, it's taking hours of time away from my work, and causing emotional stress to my wife and I.

Is there any legal recourse we can take against the lender or their attorneys?

 

[seniorjudge]

Since you did not list the dollar amount of any direct and actual damages, you have no case.

 

[MJSMan]

I appreciate your quick response.

Perhaps it is due to my relative lack of legal knowledge, but it seems unethical, and far from fair or just that a lending company should be able to tarnish my name and reputation in the public record without recourse. By their own admission, it was a mistake, completely their fault. Our home is listed on auction blocks, we are receiving foreclosure letters, we can look it up on foreclosure sites.

Can you really assign a dollar value to emotional distress? Sure, I could assign a dollar value to the amount of time diverted away from paying work that I've had to spend on this issue, but that's not even the main point. The point is that this never should have happened, it was completely their fault, and it has had a negative affect on my family and I, both emotionally and financially.

 

[seniorjudge]

Emotional distress is NOT actual and direct damage.

 

[HomeGuru]

We live in Oregon.

Our lender, First Franklin, inadvertantly put our home up for foreclosure. By their own admission, both from a customer service rep and her supervisor, it never should have happened. It has resulted in our home being listed in our county as being on the auction block, we can find our home on foreclosure websites, it's taking hours of time away from my work, and causing emotional stress to my wife and I.

Is there any legal recourse we can take against the lender or their attorneys?

**A: yes, sue for $1.2 million.

 

[MJSMan]

Really? In comparison with the other respondant's advice, I fear yours to almost be sarcastic, as much as I would love to think we have legal grounds to do so.

It just seems so baseless, groudless, unethical and unfair that they, by their own admission, could screw up, have our house put up on foreclosure lists, have an auction date set, etc. Anyone in our community can see this and assume the worst. We get letters now on a weekly basis from local buyers, I'm losing hours every week of work time...the list goes on. And all for something that never should have happened. While I'd love to get 1.2 million out of them, they are a dirty lender...I don't even care about the money, I just want our account and good name restored.

 

[HomeGuru]

Really? In comparison with the other respondant's advice, I fear yours to almost be sarcastic, as much as I would love to think we have legal grounds to do so.

It just seems so baseless, groudless, unethical and unfair that they, by their own admission, could screw up, have our house put up on foreclosure lists, have an auction date set, etc. Anyone in our community can see this and assume the worst. We get letters now on a weekly basis from local buyers, I'm losing hours every week of work time...the list goes on. And all for something that never should have happened. While I'd love to get 1.2 million out of them, they are a dirty lender...I don't even care about the money, I just want our account and good name restored.

**A: ok, so you were not late or in default of your mortgage and the lender had absolutely no groudn whatsoever to take the action they did? How were you damaged?

 

[MJSMan]

We had been late a few times in the past year, so we had been on a repayment plan for the past few months to catch up. But, especially since we were on a repayment plan with them, it never should have been moved into active foreclosure. Both the customer service rep and her supervisor affirmed the fact that it never should have happened.

As far as damage, as mentioned above, I don't know how to quantify the emotional distress this is causing my wife and I, nor do I know how to quantify the real, perceived, or potential harm to our reputation. But the fact that we get letters from 'sympathetic' foreclosure chasers on a weekly basis now, we can find our house on auction block and foreclosure sites, and the whole world can too...all of that contributes to some kind of negligence on their part.

As far as quantifiable damages go, today alone I was on the phone about 8 hours with my local county clerk, the mortgage company reps, supervisors, managers, etc...their attorney company, the supervisors there...I got about 2 hours of work done in a day that I would usually get 9-10. At $75/hour, 8 hours today alone, upon all of the other hours in lost wages I'm sure will accrue, those are the most quantifiable damages.

 

[HomeGuru]

We had been late a few times in the past year, so we had been on a repayment plan for the past few months to catch up. But, especially since we were on a repayment plan with them, it never should have been moved into active foreclosure. Both the customer service rep and her supervisor affirmed the fact that it never should have happened.

As far as damage, as mentioned above, I don't know how to quantify the emotional distress this is causing my wife and I, nor do I know how to quantify the real, perceived, or potential harm to our reputation. But the fact that we get letters from 'sympathetic' foreclosure chasers on a weekly basis now, we can find our house on auction block and foreclosure sites, and the whole world can too...all of that contributes to some kind of negligence on their part.

As far as quantifiable damages go, today alone I was on the phone about 8 hours with my local county clerk, the mortgage company reps, supervisors, managers, etc...their attorney company, the supervisors there...I got about 2 hours of work done in a day that I would usually get 9-10. At $75/hour, 8 hours today alone, upon all of the other hours in lost wages I'm sure will accrue, those are the most quantifiable damages.

**A: I thought so. You have no case.

 

[LindaP777]

At $75/hour

Laughable. Comic relief.

 

[seniorjudge]

...
We had been late a few times in the past year, so we had been on a repayment plan for the past few months to catch up. But, especially since we were on a repayment plan with them, it never should have been moved into active foreclosure. Both the customer service rep and her supervisor affirmed the fact that it never should have happened.
...

That means you were in default.

The only way to cure a default is to pay it off in full.