Goldsboro, NC asked in Foreclosure and Real Estate Law for North Carolina

Q: What can I do if my home was foreclosed and sold while my HAF application was pending? Can it be sold before the notice?

From Jan 2020 to Feb6 2022 we consistently contacted the mortgage servicer to get help to save our home. We applied over and over for a forbearance, loan modification, deferment, asked for payment plans, you name it we tried it more than once and were denied everytime. We waited months for the NCHAF to open it's application and as soon as we were notified on Jan. 23-22 I sent our application in. We notified the servicer in Dec 2021 that we were waiting to apply and also notified them when we applied, our HAF case manager attempted to communicate with them as well to confirm our pending application. Feb6-22 I contacted the servicer to touch base and was told that we still had time to reinstate our loan. Feb7-22 door was padlocked. Feb14 I received a notice that my home would sale some 15 days after the letter date of Feb 10. Feb23 a RE agent cleaned out our home and took everything we owned and the sheriff dep. Confirmed our house had already sold. The padlock was the RE agents.

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1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
  • Foreclosure Defense Lawyer
  • Licensed in North Carolina

A: There are some facts missing from your description. Were foreclosure notices posted on the door and/or received in the mail? Did you attend the hearings and let the Clerk know you had an HAF application pending? Typically, the Clerk will grant an continuance of a foreclosure hearing if he/she knew there was an HAF application pending (if you showed up to the hearing with a verified application number and showed all documents necessary had been presented to NCHFA). Unfortunately, it's going to take some intensive review of the foreclosure file and your applications to determine if any wrongdoing occurred. This will likely require you paying a fee to an attorney and signing an authorization to request all documentation from the mortgage servicer. If you failed to show up to court and present your evidence and your mortgage was held by a private investor rather than Fannie, Freddie, etc., your failure to show up to court may have doomed you. I see way too many cases where the homeowner never went to court to prove there was an application for relief pending, and there is nothing that can be done to allege a wrongful foreclosure.

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