Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?
There is no note for my home. This is New York and the note was electronically recorded by MERS. We were not notified of the sale.
A: There appears to a lot going on. Send your case to a lawyer to get a free consult about what is happening.
You haven't provided enough information for anyone to provide an answer.
With this said, New York is a judicial foreclosure state, which means that a foreclosure cannot happen without a Court Order. The process tends to take quite a long time, so it's extraordinarily doubtful that you heard nothing about it until after the fact...
Additionally, failure to record a mortgage doesn't invalidate a promissory note in New York State.
In any case, consider consulting this matter in-person or through video conference with a licensed attorney.
Good luck with your case!
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