Reclaiming Illegally Sold House

Summary

If your house was sold illegally in Utah, you can take several steps to reclaim it. Consult a real estate attorney to guide you through the process. File a complaint with the Utah Division of Real Estate if there was fraud or misconduct. You may also need to file a lawsuit to challenge the sale. Potential defenses include proving fraud, breach of contract, or improper notice. Additionally, you can file a quiet title action to resolve ownership disputes and seek injunctive relief to halt further actions on the property. Adverse possession is generally not applicable in this context. Consult your attorney for specific legal advice and representation.

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Utah usa
If your house was sold illegally in Utah, you may consider the following steps:
- Consult a Real Estate Attorney: They can guide you through the process of challenging the sale.
- File a Complaint: With the Utah Division of Real Estate, if there was fraud or misconduct.
- Litigation: You may need to file a lawsuit to reclaim your property.
Would you like more information on any of these steps?
What defense could I have
In Utah, potential defenses for reclaiming a house that was sold illegally include:
- Fraud: Prove that the sale involved fraudulent representation or deceit.
- Breach of Contract: Show that the terms of the sale contract were violated.
- Improper Notice: Demonstrate that you were not properly notified of the sale.
Which of these seems most relevant to your situation?
When my dad died he had a reverse mortgage. I had contacted the mortgage company after being made the personal representative of my dad's estate. I had been in. Contact with them right away and was granted a marketing extension. During this time I found an investor that was going to pay off the mortgage. Upon the investor doing a title search found out there was a tax lien on the house for *.* million dollars. At this time I was eligible for a second marketing extension at this time I had turned all my papers in before the deadline to be eligible for this second marketing extension. I had let the servicing company which is phh mortgage servicing know that I had an investor to pay off the reverse mortgage but needed the second extension to figure out where the tax lien came from but had and that the tax lien needed to be took care of before the investor could pay off the debt. which as stands is * and over half the equity is still left in the home. At this time I had contacted the IRS to obtain a Tax advocate to help find out where this tax lien of *.* million dollars came from that was owed on my dad's taxes because it was a clerical error the tax advocate told me to get hold of the that he only owed * so i needed to find out why this was on the recorders office I let the mortgage company that I had a tax advocate to help me and needed the second extension to figure out this debt . Well they denied me . At this time I went down and granted the home to my self had it recorded being I was court appointed personal rep for my father's estate and had the letters of administration so I would be on the title of the home So I had my attorney who had did the probate file a les pendin on the property.this has refinance and was supposed to sign with them last week well th attorney I had put a les pendin on property last month to stop the auction date. So it was postponed until the * of this month. Now they had sold the house without public notice of any for the price heirs would of paid for * there is ztill over half the eqyity left
It sounds like a complex and challenging situation. You might consider the following steps:
- Challenge the Sale: File a lawsuit to contest the sale based on improper notice or other procedural errors.
- Fraud Claim: If there was any misrepresentation, consider a fraud claim.
- Consult Your Attorney: Your current attorney can provide more tailored advice and represent you in court.
Would you like more detailed information on how to initiate any of these actions?
Give me details about all of this
Here are the steps you might consider in detail:
- Challenge the Sale:
- File a lawsuit in a Utah court to contest the sale.
- Base your challenge on procedural errors, such as improper notice or lack of public auction.
- Fraud Claim:
- Gather evidence of any misrepresentations or deceit involved in the sale.
- File a fraud claim against the party responsible for the fraudulent actions.
- Consult Your Attorney:
- Work with an attorney to review all documentation and actions taken by the mortgage company and other parties.
- Your attorney can provide specific legal advice and represent you in court to reclaim your property.
Would you like more detailed steps on filing a lawsuit or gathering evidence for a fraud claim?
Now would adverse possession be an option
Adverse possession typically requires continuous, open, and notorious use of the property for a statutory period (usually 7 years in Utah) under a claim of right. Given your situation involves contesting an illegal sale, adverse possession may not be the best route.
Would you like more information on how to proceed with a lawsuit or fraud claim?
With the laws in default
It seems like you are dealing with a complex legal issue involving an illegal sale, a reverse mortgage, and a tax lien error. Here are some steps you could consider:
- Challenge the Sale:
- File a lawsuit to contest the sale based on improper notice or procedural errors.

- Fraud Claim:
- Gather evidence of any misrepresentations or deceit involved.
- File a fraud claim against responsible parties.
- Consult Your Attorney:
- Review all documentation and actions taken by the mortgage company.
- Your attorney can give specific legal advice and represent you in court.
Would you like more detailed steps on filing a lawsuit or gathering evidence for a fraud claim?
With the laws in Utah what else could we do
Given the complexity of your situation, here are some additional steps you might consider in Utah:
- Title Dispute:
- File a quiet title action to resolve any disputes over property ownership.
- Seek Injunctive Relief:
- Request a court order to halt any further actions on the property until the case is resolved.
Would you like more detailed steps on either of these actions?
What is a quiet title action
A quiet title action is a lawsuit filed to establish ownership of real property and "quiet" any challenges or claims to the title. Typically used to:
- Resolve disputes over property ownership.
- Clear up issues with liens or other encumbrances.
- Remove any clouds on the title.
Would you like more details on how to file a quiet title action in Utah?