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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3551
Experience:  25 years of experience in general practice, real estate law and estate law.
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If a representative from a bank tells me that a sale date has

Customer Question

If a representative from a bank tells me that a sale date has been postponed on a foreclosure sale, but they were lying. Would I have recourse? I am referring to as high as they go at this bank and their escalation division. There is no one above this person. I have no real reason to think she lied, but it's been five days and the sale has not been postponed since she told me.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 12 months ago.

Hello and thank you for your question.

Bank officials cannot provide you with false information. I cannot believe that this happened.

What was the reason they stated the sale was postponed? Are you still prepared to file the TRO?

Customer: replied 12 months ago.


Hey Leslie. You and I were talking about this last week actually.


 


Sale date was postponed due to this bank not being able to draw docs due to a lien that had nothing to do with us. Escalation review team got it, called us Friday to tell us sale was cancelled while they dug more (sale date is next Monday).


 


I checked public records, it's not recorded online. Everything else up to eh 'published notice in local paper' is in there.

Expert:  Attyadvisor replied 12 months ago.
I remember talking to you. It was nothing short of miraculous to hear that you found a person to help you and postpone the sale. Too good to be true.

Hopefully you will file a consumer complaint for fraud against this bank as well as file the TRO.


This is Citibank?



Customer: replied 12 months ago.


That would be them.


 


I don't have a reason to not believe her. She is the head of the escalation division for them and deals with difficult loans like this one with cloudy title, etc...


 


I might be jumping the gun as far as this is concerned as maybe the attorneys just haven't gotten the request for cancellation to the Clerks office yet.


 


I know if Friday gets here, I'll have to pull the trigger one something last minute.


 


I have the conversation recorded. I used my office line which records every call in/out and announces it when the person answers... so proving it will be a cinch if it were to come to that (hopefully not).

Expert:  Attyadvisor replied 12 months ago.
If she lied you should consider filing complaints with The Office of Financial Regulation at http://www.flofr.com/StaticPages/FileAComplaint.htm
and the Attorney General of Florida at http://myfloridalegal.com/pages.nsf/Main/E3EB45228E9229DD85257B05006E32EC as well as filing for the TRO.

Let me know what happens.
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3551
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 12 months ago.


I will.


 


Thanks Leslie.

Expert:  Attyadvisor replied 12 months ago.
Thank you.

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