Surplus Trustee Sale Rescinded After N.A.C.A. Refers Albany Homeowner to Consumer Defense Law Group

Nonprofit Alliance of Consumer Advocates helps homeowner regain property after foreclosure auction

Published on Feb. 25, 2026

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In a rare post-trustee sale outcome, the Nonprofit Alliance of Consumer Advocates (N.A.C.A.) successfully rescinded a completed surplus trustee sale in Albany, California. The homeowner, Barbara Higginbotham, was referred to Consumer Defense Law Group, a wrongful foreclosure litigation firm, after N.A.C.A. assessed potential legal challenges to the foreclosure process. The trustee sale was officially rescinded on February 24, 2026, restoring Higginbotham's ownership of the property.

Why it matters

This case highlights the importance of exploring all legal options, even after a foreclosure sale has been completed. N.A.C.A.'s approach of combining litigation, mortgage banking, real estate strategy, and private investor intervention demonstrates how homeowners can sometimes regain their homes, even in the face of seemingly insurmountable odds.

The details

Higginbotham originally acquired the property at 720 Key Route Blvd, Albany, CA 94706 in 1996. She later obtained a reverse mortgage in 2009, which eventually fell into distress. After years of foreclosure activity, the property was sold at a public auction on November 25, 2025 for $860,000, while the outstanding loan balance was only $699,184, creating $160,816 in surplus funds. Rather than focusing solely on surplus recovery, N.A.C.A. referred Higginbotham to Consumer Defense Law Group, which filed a wrongful foreclosure lawsuit in the Alameda Superior Court. The legal strategy, combined with N.A.C.A.'s other efforts, led to the successful rescission of the trustee sale.

  • The property was originally acquired on December 13, 1996.
  • Higginbotham obtained a reverse mortgage on July 30, 2009.
  • The first Notice of Default was recorded on May 16, 2014.
  • The most recent Notice of Trustee Sale was recorded on January 24, 2025.
  • The property was sold at public auction on November 25, 2025.

The players

Barbara Higginbotham

The homeowner who owned the property at 720 Key Route Blvd, Albany, CA 94706 and had a reverse mortgage that fell into distress.

Nonprofit Alliance of Consumer Advocates (N.A.C.A.)

A nonprofit loss mitigation clinic dedicated to Homeownership Preservation and Affordable Housing, which referred Higginbotham to Consumer Defense Law Group and implemented a layered protection strategy to help her regain the property.

Consumer Defense Law Group

A nationally recognized wrongful foreclosure litigation firm that filed a lawsuit in the Alameda Superior Court to challenge the foreclosure sale.

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What they’re saying

“Once a trustee sale is completed, homeowners are often told the fight is over. But when action is taken immediately and the foreclosure process is challenged correctly, a sale can sometimes be undone. This rescission is another example of what is possible when speed and litigation strategy are combined.”

— Attorney Tony Cara, Founder of Consumer Defense Law Group

“This case reflects why our nonprofit clinic operates differently than all of the surplus recovery industry. Many companies are focused only on collecting a fee from surplus funds. We primarily focus on restoring homeownership. Our model is built around layered solutions—litigation, mortgage banking, real estate strategy, and private investor intervention. If and when the legal approach for a reversal falls short, we've had success having our clients and their family members step into the shoes of the 3rd party highest bidder buying the property back from the foreclosing Trustee as well as buying the property back from the 3rd party highest bidder as well —because families deserve more than a one-option outcome.”

— Attorney Joaquin Nolet, Legal Services Director, Nonprofit Alliance of Consumer Advocates

The takeaway

This case demonstrates that even after a foreclosure sale has been completed, homeowners may still have legal options to challenge the process and potentially regain their property. The Nonprofit Alliance of Consumer Advocates' holistic approach, combining litigation, mortgage banking, real estate strategy, and private investor intervention, can provide homeowners with multiple pathways to restore their homeownership, even in the face of seemingly insurmountable odds.