Q: Do I need a bankruptcy or real estate attorney? My house was in foreclosure with a sale date of April 16.
The bank stopped the sale because I was willing to work out a plan. The bank and I are still working things out but I found the house is in foreclosure with sale tomorrow June 9. Can they sell? No classified legal notices have been printed in local newspapers in regards to sale.
A:
Unfortunately, I did not see your question yesterday. If the foreclosure sale was set for June 9th, then the sale was probably conducted on the steps of the courthouse for the county in which your home is located at 11:00 a.m. earlier today. To complete the foreclosure, the Trustee's Notice of Sale or Substitute Trustee's Notice of Sale would have been in the legal notices in a newspaper published in your county on May 19, May 26 and June 2, 2015 with the sale one week later on June 9, 2015. The other option would have been publications on May 18, May 25, June 1 and June 8, 2015 with the sale on June 9, 2015. Also, a notice should have been posted at the courthouse for the same time period.
If the sale was noticed and conducted properly, then it is probably too late to do anything to correct the problem. A bankruptcy attorney could have helped you stop the foreclosure by filing a bankruptcy prior to 11:00 am. today.
Just in case the sale did not occur today, you should contact an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases. Most attorneys will meet with you at no charge for the initial appointment. You can use the Justia "Find a Lawyer" link at the top of this page to search for an attorney.
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