Question: I spoke to my bank
informing them that I was in the process of getting
money from my pension plan to pay arrears and avoid the
foreclosure sale of my home. I was told to keep them
posted as to when I would have the funds available,
meanwhile the
foreclosure sale was postponed (that was a couple of
weeks ago). I called my bank today to give them an
update and I was told my home was auctioned off last
week. What can I do? Do I have any legal claims against
the bank?
Response: Unfortunately, once the
property had been auctioned off, it is very difficult to
reverse the process. You would definitely need an
attorney
to bring an Order to Show Cause to Vacate Judgment of
Foreclosure and Sale with only a slim chance of
being
successful. It is possible that the bank marked the
foreclosure sale postponed in their system by a
couple of weeks but the
attorneys
for the bank might not have been notified or went ahead
with the
foreclosure sale anyway. You can contact the
attorneys
and see if they will allow you to reinstate the loan at
this point, which may depend if the property was
purchased by the bank itself or a 3rd party. Sadly, you
are in a tough situation here.
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.
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Law Office of Svetlana Kaplun, P.C. provides high-quality legal counsel to people, with a unique focus on clients in need of financial relief. Our specialization areas comprise of foreclosure defense and litigation, including varying forms of loss mitigation, such as loan modification and debt negotiation, as well as bankruptcy.
Call our firm today at 718-444-1115 or visit us on the web at www.loanmodny.com!
Tuesday, March 17, 2015
Is It Possible To Reverse Foreclosure Sale?
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Svetlana Kaplun
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