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JP
JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience:  Represented creditors and individuals in bankruptcy and consumer matters.
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My house was sold @ sheriff sale on 6/6/08. I was never notified

Customer Question

My house was sold @ sheriff sale on 6/6/08. I was never notified of the sale. I have 3 weeks left to reclaim my home. Can I still claim chapter 13 and keep my home.
Submitted: 8 years ago.
Category: Bankruptcy Law
Customer: replied 8 years ago.

Belleville, Michigan


Already Tried:
I hired The Loan Modification Firm out of Florida. I called them and they told me the modification was going through. I spoke to my lender today and Country Wide told me they were never contacted by that firm. I am being tossed back and forth and I have 3 weeks until my redemption period is up because I was never notified of the sale.
Expert:  JP replied 8 years ago.

You can commence a bankruptcy proceeding to temporarily halt any pending eviction process that the mortgage lender may pursue since the foreclosure sale has already occurred. However, you may have better luck pursuing a wrongful foreclosure action since you did not have notice of the sale. You can also consider a temporary restraining order to try and stop an eviction or to enjoin the lender from taking any particular action that you feel is wrongful under the circumstances.

You should contact an attorney in your area regarding these options asap.

 

However, a bankruptcy alone will not allow you to keep your home because the foreclosure sale has already occurred. You are trying to regain title to your property that was previously foreclosed and should most likely be pursued through an avenue other than bankruptcy.

 

I hope you found this information helpful.

 

Best regards.