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I received a letter from a company advertising that they…

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Hello I received a...

Hello I received a letter from a company advertising that they help save homes. The letter states that my home was sold in an auction for $100. I went to court after I was served foreclosure paperwork approximately 6 months ago and produced the documents they asked. I have not heard from the court or the bank since. Is this possible that my home was sold without my knowledge?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

New York. I went to court and saw a judge. At that time I was told I would be given another date to come back to court and have received no such paperowk on a later court date. The banks attorney was present at the time of my court date.

Lawyer's Assistant: Has any paperwork been filed?

By myself? No. And I haven't received anything from emigrant mortgage comlpany after the original foreclosure notice and the court date that I attended.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am severely behind in my mortgage. Approximately 2 years I have been attempting to get a loan modification because I am upside down in the house with a 6.5% interest rate.

Submitted: 10 months ago.Category: Legal
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Answered in 2 minutes by:
10/4/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 10 months ago
I would like to know if it's possible that my home was auctioned off without my knowledge.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Great thanks! Just a moment...Remember, if you get an automatic phone call request and you would not like a phone call, you’re welcome to reject the offer.

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Customer reply replied 10 months ago
Ok. I would prefer this forum.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok, in your state, if the lender is foreclosing on a home, then they need to file a summons and complaint in a local court and serve those documents on you. You then have a chance to file an answer or file a notice of appearance with the court in your county. If you did not receive notice, then you may be able to file a motion to the court advising that a judgment was entered against you unlawfully and that the home was sold without your knowledge or ability to challenge the foreclosure. If that is the case, then the court may rescind the deal and force the lender to pay you damages if the court deems that is necessary.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 10 months ago
I was officially served several months ago and went to court with the documents I was asked to produce. I was told at that time I would receive another court date with their decision. I have received no such notice or any paperwork in the mail from the attorney representing the mortgage company since that time.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

I see what you mean. If you weren't properly served documents regarding the judgment and received no other notice, then you may be able to submit a motion to set aside the judgment or a motion for reconsideration on those grounds.

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