Question: Our home is about to go
into
foreclosure. We've been reviewing ways to stop the
sale and noticed that one of my secured creditors, who
should have been notified, was not. Can I stop the sale
by filing an emergency motion due to the fact that this
creditor was not notified?
Response: You could try. It could be that the creditor filed a
Notice of Appearance with a waiver for certain or all
notices. Also,
foreclosure can take place anyway and then a strict
foreclosure lawsuit must be brought against the
party that was not notified to cure off that party’s
interest, so your strategy may not be that effective.
You can try calling the bank and see if they will stop
the sale while they review your documents for a
loan
modification, assuming you will submit them.
Alternatively, you can file
bankruptcy, which will temporarily stop the sale.
In the legal blog, Attorney Svetlana Kaplun addresses typical questions our firm has received from our clients, or come across from homeowners related to foreclosure, foreclosure defense, loan modification and bankruptcy topics.
The information contained in the legal blog of Attorney Svetlana Kaplun is for informational purposes only, and should not be construed as a legal advice on any subject matter. Please read our full disclaimer or contact the Law Office of Svetlana Kaplun, P.C. by telephone at 718-444-1115 for more information.
Copyright © 2015 Law Office of Svetlana Kaplun, P.C.
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