Legal Blog of Attorney Svetlana Kaplun: 3/20/16

Friday, March 25, 2016

Is It Possible To Get the Home Back After It Was Sold In a Foreclosure Auction?

Question: My home was foreclosed on and the bank sold it at a foreclosure auction. Would it be possible for me to get my home back if we paid the bank the missed payments?

Response: Once the house was already sold, it is very difficult to reverse the foreclosure sale. If the bank is the one that purchased the property, you may be able to buy the property from the bank. It is, however, very unlikely that the bank will be willing to accept funds from you now to reinstate the loan. That option only works before the foreclosure sale takes place. Unless you can somehow bring an Order to Show Cause with the court to show that the case was somehow defective where the judge will reverse the foreclosure sale, unfortunately, you have no other recourse.

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 © 2016 Law Office of Svetlana Kaplun, P.C.

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I Was Never Served Foreclosure Sale Notice, Can I Stop the Foreclosure Sale?

Question: My property is being put up for foreclosure auction in the next month and I was never served official paper by an agent of the law. What recourse do I have in stopping this action?

Response: I am not sure what you mean by agent of the law. You have to be mailed the Notice of Sale and the attorneys for the Plaintiff must file the Affidavit of Service with the court (within 10 days of the sale). If that wasn’t done, you can bring an Order to Show Cause to show the judge that service of the Notice of Sale or any other foreclosure-related motions were defective and that the foreclosure sale should be cancelled. The Judge is likely to stop the foreclosure sale but then the bank will re-serve the papers properly and the foreclosure sale will take place a few months later.