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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If a bank has foreclosed and set a date for the owners to be

Customer Question

If a bank has foreclosed and set a date for the owners to be out of the house and it is found that the bank did not follow the due process for foreclosure, that the process would have to begin again, and the homeowners would have the additional time to try to work things out with the bank?
This is a PA residence.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Yes, if the foreclosure was not done properly, then the foreclosed homeowner could file a motion to stay the foreclosure proceeding based on this failure to properly conduct the foreclosure and ask the judge to dismiss the proceedings. IF the judge finds merit to the argument of the homeowners, the process would have to re-start, and the homeowner would have additional time to remain in the house.

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