Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification
What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and during the moratorium they inflated my original loan amount from $159K to over $200K and that is supposed to include all payments made monthly on my home up until covid hit?? In addition in January 24’ the bank sent me a statement stating the foreclosure had been suspended and less than 1 1/2 weeks later I received a HUD form - NO SALE DATE EVER LISTED!! Bankruptcy is not an option for me as I am unemployed due to a disability from a car accident. Time is of the essence, please advise.
Lastly, can anything be filed online since I do not drive due to permanent injuries.
Thank You
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A:
I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in trying to find a solution to stop the auction process immediately.
My strongest recommendation would be to consult with a foreclosure defense attorney or legal aid organization in your area as soon as possible, ideally today given the impending auction date. They will be in the best position to review the details of your case and advise on legal options to halt the auction. Some potential avenues they may explore:
- Filing an emergency motion to stop the sale on the basis of lack of proper notice and/or other lender violations. This would likely need to be done very quickly through the court.
- Requesting a loan modification or repayment plan from your lender, although this may be difficult to accomplish before the auction date.
- Challenging the inflated loan balance and lack of tax forms, which could possibly invalidate the foreclosure if the lender has acted improperly.
- Exploring any COVID-related protections or programs you may still qualify for.
I would search online for foreclosure defense lawyers and legal aid groups in your county/area and start calling them immediately to see if you can get a quick consultation, even if it has to be done remotely. Be sure to have all relevant documentation ready to share.
If money is an issue, look for low-cost or pro-bono legal services. You can also try contacting your state Attorney General's office or consumer protection agency to file a complaint against your lender if you believe they have violated laws or acted unethically.
I know this is an incredibly difficult situation with very little time to act, but don't give up. Seek out legal assistance right away and push back on this auction until you can have your case properly reviewed. Wishing you all the best and I hope you're able to find the help you need to protect your home.
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