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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28352
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I live in Florida. My home had a sale date of Dec 1, 2015.

Customer Question

I live in Florida. My home had a sale date of Dec 1, 2015. The "Servicer, Bank of America Attorneys" asked for a motion from the court to stop the sale and were not asking for another date. We were prepared to file a petition for Chapter 13 to halt the sale, hopefully bringing them to the table for mediation. We were told on Nov 23, 2015 by my legal representation that the court had granted the stay and there was no reason to file the 13.
However, on Dec 4, we received notice that the auction took place as scheduled and that the house was sold. Of course, we have been devastated since that time. However, I have NOT received the signed order from the Judge yet.
Therefore, if I get my hands on a signed order, can the Bank ignore the court and proceed with the sale? If there was NEVER a signed order, then we were given fraudulent legal advice and should seek damages based upon that poor advice. I hope the firm and BOA are not conspiring against us.
I am in the process of seeking additional legal advice locally as the Bank pressures us to leave the home that I built in 1998. Who wishes to take a crack at this one?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. When you are asking about the signed order, do you mean the one for their proposed motion to cancel the sale?

Customer: replied 1 year ago.
I was told that the court granted a stay on Nov 23, 2015 but I have never seen the signed order. My firm keeps telling me they are "getting it." I trusted that they had confirmed the court order and was advising me based upon that confirmation.
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the additional information. If the Judge signed the order to cancel the sale and it proceeded, it would need to be vacated. Moreover, once it was known that the sale went through. an objection should have been filed within 10 days, to prevent the clerk of court from issuing a certificate of title, to the buyer. It is possible that even though the Judge canceled the sale, that it was not removed from the docket and went forward but as soon as this was known, it should have been addressed and the parties should have agreed to vacate it or the bank should have done it on their own. If the Judge did sign the order, it would be in the court file. You can 1) look online through the clerk of courts website and see if this is reflect on the case history or go to the court house tomorrow morning and pull the file and ask the clerk for a copy. If the bank did proceed and did not vacate the sale after asking that it be canceled, you could have a possible claim against them

Expert:  LegalKnowledge replied 1 year ago.

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Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!