Stone Mountain, GA asked in Personal Injury, Foreclosure and Real Estate Law for Kentucky

Q: Can a home be legally sold at auction if the home owner is not notified that a sale date has been rescheduled ?

I was served foreclosure papers in December 2015 I responded to the complaint and a hearing was scheduled June of 2016 resulting in a sale date for my property July 18, 2016. I worked out a trial loan modification with my servicer and made the trial payments June 2016-Nov 2016 the servicer returned the November payment stating that they had not received the required documentation to permanently modify the terms of my loan. I assured them.that i had mailed back the required documents and that I would not have made the last 6 months of payments if i had no intention of remaining in my home. I was told that the trial modification was my last chance and that now my home was back in foreclosure and I would lose it. I was.informed that any payments sent would be returned to me. I waited to hear and explain my situation in court. I was not served or mailed any paperwork to appear in court on 4/25 for a rescheduled sale date. I became aware of it 4/27 when I received the order to sale .

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing

A: You need to find out how the notice of changed date was made. You need an attorney. Contact to find a consumer attorney near you. You must act immediately. You found out April and you are asking in late June? A court won't buy that. (Yes, I understand it's hard for a layperson to understand the procedures, but as it is the President is about cutting legal services to zero, so you may want to also take a few minutes to let your politicians know what is going on. However legal aid/legal services is still around, and while you may not be eligible for their services they will tell you what other groups may be able to assist.

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