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https://www.avvo.com/legal-guides/ugc/post-foreclosure---setting-aside-the-trustees-sale
Jun 16, 2012 · Post Foreclosure - Setting Aside the Trustee's Sale. There are two kinds of sales that can be attacked by the debtor: void sales and voidable sales. A void sale creates no presumptions in favor of the purchaser at a trustee’s sale. And recitals in a trustee’s deed regarding notices are irrelevant when the sale is void.
https://www.scribd.com/document/29773573/Complaint-to-Set-Aside-Sale
complaint to set aside trustee's sale 1 uneth5.cal, oppressive, unscrupu1oue or substantial.J.y injurious v2 to consr:ner, and t}at unfairneEs is determined by weighing the 3 of the practi.ce against the gravity of the harn to utility 4 consruner.5/5(3)
https://albrightstoddard.com/sample-complaint-quiet-title-foreclosure-sale-nevada/
Mar 23, 2013 · 1. For an Order setting aside the foreclosure sale of the Property; 2. For an Order of Declaratory Relief quieting title in and to the Property in the name of Plaintiff; 3. To the extent necessary, for an Order of Injunctive Relief requiring the Defendants, and each of them,...
https://mattweidnerlaw.com/setting-aside-a-foreclosure-sale-skelton-v-valerie-and-daniel-voelker/
The final foreclosure judgment set a foreclosure sale, at which Skelton was the winning bidder. However, Lyons subsequently filed for bankruptcy and the sale was set aside. After the bankruptcy petition was dismissed, the house was again sold at a foreclosure sale …
https://www.timesonline.com/news/20180727/ask-attorney-bernie-what-happens-at-sheriffs-sale-mortgage-foreclosure
Jul 27, 2018 · In Pennsylvania, to foreclose on your home, a lender must file a complaint in mortgage foreclosure in the court of common pleas, obtain a judgment against …
https://courts.ms.gov/Images/Opinions/CO101635.pdf
filed a complaint to set aside the foreclosure sale on the grounds that the property description was incorrect and that W. Stewart Robison was not the current trustee; thus he did not have the authority to sell the property.
https://law.justia.com/cases/new-york/other-courts/2014/2014-ny-slip-op-51757-u.html
By the instant motion, interposed by use of an order to show cause dated September 11, 2014, defendant Wheatley seeks an order vacating the judgment of foreclosure and sale and, in effect, a further order setting aside of the public sale of the premises and its subsequent sale to the Ellis purchasers and each deed issued after such sales.
http://www.wvnb.uscourts.gov/sites/wvnb/files/opinions/10-146%20In%20re%20McClure%20Properties,%20Inc,.pdf
Importantly, the Debtor’s complaint asserts two counts to set aside the foreclosure sale.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0702/0702.html
Oct 30, 2019 · — The circuit courts of this state, and the judges thereof at chambers, shall have jurisdiction, power, and authority to rescind, vacate, and set aside a decree of foreclosure of a mortgage of property at any time before the sale thereof has been actually made pursuant to the terms of such decree, and to dismiss the foreclosure proceeding upon the payment of all court costs.
http://www.tnwb.uscourts.gov/opinions/dsk/pdf/dsk19940324pn1.pdf
MEMORANDUM RE PLAINTIFFS' COMPLAINT TO SET ASIDE HOME FORECLOSURE SALE COMBINED WITH NOTICE OF THE ENTRY THEREOF In this adversary proceeding the plaintiffs, Joseph F. Ferrell and Lisa C. Ferrell, the above- named chapter 13 debtors ("Debtors"), seek to set aside a foreclosure of their home.
https://www.bloom-law.com/wp-content/uploads/2016/07/Foreclosure-Defense-Strategies.pdf
FORECLOSURE DEFENSE STRATEGIES Simon H. Bloom and Troy R. Covington, Bloom Sugarman, LLP1. The key first step to any foreclosure defense strategy is a careful review of the borrower’s loan documents, including the promissory note, deed to secure debt, any personal guaranties, and any loan agreement. The rights and responsibilities of the
https://www.foreclosure.com/statelaw_GA.html
If the deed of trust does not contain the power of sale language, or a standard mortgage is used, the lender usually must seek judicial foreclosure. The property is then sold as part of a publicly noticed sale. A complaint is filed in county court along with what is known a lis pendens.
http://riker.com/blog/banking-title-insurance-real-estate-litigation/michigan-district-court-dismisses-plaintiffs-wrongful-foreclosure-action-for-failure-to-state-a-claim
Jun 06, 2017 · The United States District Court for the Eastern District of Michigan recently dismissed plaintiff debtor’s complaint seeking to have the foreclosure and sheriff’s sale set aside, on the grounds that plaintiff failed to state a wrongful foreclosure claim based on only allegations of 12 C.F.R. 1024.41(g) (“Regulation X”) violations, and holding that ...
http://api.ning.com/files/PpJo8f6YmbL2vK7VmFOB2ZbRUfuWcEfMrY9kwKVJr-nSSCJf*oRWDwvM2KG0erLmkvZ72ZmHoMBpzP7pp6nHqqyqCp7lfbdI/ALCOrignalPetitionforWrongfulForeclosurewFilestamp092710.pdf
Original Petition for Wrongful Foreclosure 7 So finding a document that says, "I am the owner and holder, and I hereby grant to the servicer the right to foreclose in my name" is an impossibility in 90 percent of the cases.
http://www.tnwb.uscourts.gov/opinions/whb/pdf/whb19960131pn1.pdf
ON COMPLAINT TO SET ASIDE FORECLOSURE SALE This adversary proceeding has a history of prior hearings and rulings by both the Bankruptcy Court and the United States District Court. On January 6, 1995, the Honorable Bernice Bouie
https://micondolaw.com/2017/02/22/michigan-court-validates-foreclosure-sale-under-the-doctrine-of-substantial-compliance/
The Court stated that to set aside a foreclosure sale, the opposing party must show they were prejudiced by showing that they would have been in a better position to preserve their interest in the property absent the defect. Kim v JPMorgan Chase Bank, NA, 493 Mich 98, 115; 825 NW2d 329 (2012).
https://dirtblawg.com/2011/01/setting-aside-a-foreclosure-sale-in-california-an-uphill-battle-for-borrowers.html
Jan 06, 2011 · For non-judicial foreclosure sales, and outside the context of bankruptcy, a case to set aside a foreclosure is highly unlikely to go anywhere. Within a bankruptcy courtroom, different factors will apply during the claims period and the bankruptcy judges have differing opinions on a lender’s standing to foreclose.
https://www.scbar.org/shop-cle/publication/tax-sales-of-real-property-and-mobile-homes-in-south-carolina-third-edition/
The CD also contains the sample pleadings listed above as well as sample pleadings for an action to set aside a tax sale or obtain tax sale overage and an action to quiet title. ... Summons and Complaint for Action to Set Aside Tax Sale or Obtain Tax Sale Coverage ... South Carolina Foreclosure …
https://riker.com/blog/banking-title-insurance-real-estate-litigation/michigan-district-court-dismisses-plaintiffs-wrongful-foreclosure-action-for-failure-to-state-a-claim
Michigan District Court Dismisses Plaintiff’s Wrongful Foreclosure Action for Failure to State a Claim Jun 06, 2017 Leave a comment The United States District Court for the Eastern District of Michigan recently dismissed plaintiff debtor’s complaint seeking to have the foreclosure and sheriff’s sale set aside, on the grounds that plaintiff failed to state a wrongful foreclosure claim ...
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