Real Estate Law
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Welcome and thank you for your question. I will be the professional that will be assisting you.They would only be able to foreclose on the property contained in the legal description stated on the mortgage. Does the house sit on the legal description they are foreclosing? Are there different property index numbers on the 5 parcels?
Most of the house sits on the legal description that they are foreclosing on. There are different numbers on the other parcels. And on the tax record there is no lien holder on those parcels.
Also the 3 back parcels butt directly up to the house and even a corner of the house is on the back lots. The bank with the first mortgage does not own the entire house, only part of it.
I just received a permanent mod, but the payment is still too high and they have added another FHA loan for 89, 000.00 that includes their attorney fees, back principal, interest and escrow deficiency. They also left the interest rate at 4.375 fixed, but then said that the rate could go up or down.
Could a lawyer stop the sheriffs sale due to the screw up in the deed at least temporarily?
The sale date has not yet been set.
Thank you very much, you have helped