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A foreclosure is not a sale. Even if your public trustee holds a "public sale" for the foreclosure .. they are selling the lien for which the public trustee will issue a deed. (the foreclosure process is different in different areas) Nevertheless, the listing agent will have no claim for a commission.
About the only way I can see a claim for commission would be if the agent had a buyer in process and the foreclosure prevented the sale from closing. In that case, the agent might have a claim - but even then, it's a long shot.
If your home is foreclosed on it appears to legaly have been sold back to the bank for $1 (in CT) so your agent could perhaps claim a fee of $0.05, but he does not actualy have the right to sue you. Your property is actually Listed by the Designated Broker of the company your realtor works for and they are the only one with the authority to sue anyone.
How much do you think OP made a year to afford a 2 Million Dollar Mortgage ?
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