Can my mortgage holder be held liable for filing foreclosure in error on my property after I paid the full amount as instructed?

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I was past due $12,000+ on my mortgage with a deadline of 6/2/12 to avoid foreclosure. Ocwen (my mortgage holder) appointed a substitute trustee to execute the foreclosure. After my pleading, Ocwen agreed to accept the payment if we were at the courthouse with certified funds. We gave the Trustee the full payment and was assured that the foreclosure was stopped and that we would hear from Ocwen about reinstatement. Ocwen acknowledged receipt of the funds, told me that my loan was reinstated and let me resume making regular payments. In March 2015, The Circuit Court served me with a summons to answer a petition filed by the Substitute Trustee to rescind a foreclosure that they filed on my property in 2012. I did not know about it and believe that the filing has damaged my credit.

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Michael Wang 3412133.Html ·
I'm a little confused as to what happened. It sounds like a foreclosure action was initiated against you, you were given a reinstatement amount that, if paid, would prevent your loan from being foreclosed. You made that payment, the foreclosure happened anyway, but your servicer kept on accepting payments and acted as though you were no longer delinquent. Now, they find out they foreclosed in error, so they started a lawsuit to have the sale rescinded. As long as I understood that correctly, you may have some recourse. If you are concerned about your credit, you should obtain a copy of your credit reports from the credit bureaus, which you can get once per year for free at: https://www.annualcreditreport.com/index.action . If they have been reporting a foreclosure against your credit, you may have some recourse. An attorney who has experience with the FCRA should be able to help. You also may want to consult with a real estate/foreclosure attorney to cover your options as far as the foreclosure that may have been done in error. It sounds like the lender identified the error on its own and is now trying to fix things. And since you didn’t know the sale had happened until being served with the summons, I would guess your actual damages are limited. Each state seems to treat errors like this differently, though. In Minnesota, I would be surprised if the courts would award a significant amount of money in a case where the actual damages don’t appear to amount to much. But Virginia may differ on that.
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Jason Vanhemert ·
Perhaps you can clarify a few things? From you post, you were being for closed on when you filed a "pleading" and paid at the "courthouse." The later you say that you did not know about the foreclosure. That being said, if you are being notified that your foreclosure is being dismissed from 2012, then address the removal of a derogatory item on your credit report with the credit bureaus and provide proof of the error.
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