Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?
The mortgage guarantor sold our home through foreclosure sale to a 3rd party servicer through a referee's deed. There was no note attached to the mortgage. The servicer has no standing or interest in our home. The trust associated with the house is closed.
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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