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Roger
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Category: Real Estate Law
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I live in Georgia. I was out of work & found some in San Antonio,

Resolved Question:

I live in Georgia. I was out of work & found some in San Antonio, Texas. I enlisted the aid of a mortgage modification agency to work with the bank to enable me to afford the mortgage due to reduced income. While in Texas, the house was foreclosed. I did not receive notice of impending sale. Do I have any options?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Roger replied 4 years ago.

You are entitled to notice. However, if you weren't at the address that the lender has for you, that's probably why you didn't get the notices.

 

Prior to initiating a foreclosure, the lender must send a demand letter requesting the payment of all past due amounts, which gives the borrower ten (10) days to pay these amounts otherwise foreclosure proceedings will begin. If payment is made at this stage no attorney's fees are assessed. After this letter is issued, there is no requirement to give you any further notification.

 

The lender must then publish the notice of the scheduled foreclosure sale in the county newspaper in which the property is located for four (4) consecutive weeks before the sale. The borrower must also receive by certified mail notice at least fifteen (15) days before the date of the proposed sale.

 

Foreclosure sales must take place on the first Tuesday of each month (between 10AM and 4PM) at the courthouse. The trustee will auction the property to the highest bidder at the courthouse steps.

Customer: replied 4 years ago.
So, based on your answer, the fact that I was not here to receive the notice, or the fact that the mortgage modification agency was working to get the mortgage terms changed, has no bearing on my case. I am just out of luck?
Expert:  Roger replied 4 years ago.

If you moved and didn't provide the lender with a forwarding address, yes.

 

The loan modification has nothing to do with foreclosure proceedings. Even if the modification application was with the lender, it doesn't stop the foreclosure process.

 

Once the property is sold at foreclosure, there's nothing you can do because Ga. has no redemption period that allows you to buy the property back after the sale.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26911
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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