Q: Can a home in GA be foreclosed and sold without the homeowner given notice?
My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that the letter was sent first class mail with signature waived. I thought you couldn't waive signature on a certified letter and I also thought proper notification had to be certified, overnight or registered mail. That would mean first class mail with signature waived would not be proper notification. Right?
A:
The foreclosure notice must be sent by certified or registered mail or overnight delivery with return receipt requested. As long as the notice was mailed in the proper manner to the appropriate party(ies) at the correct address, the lender does not need to prove the notice was actually received. Many foreclosure attorneys also send a courtesy copy of the notice by first class mail.
The information you received from the post office is odd. Because first class mail by definition does not require a signature, there is no signature requirement to waive. Since you have a receipt from the foreclosure attorney, look up the tracking number on the USPS website to confirm how it was sent. If the notice was not sent appropriately, contact an attorney who handles wrongful foreclosure defense.
A:
Unfortunately, receipt of the notice is not required by law. As long as the foreclosure attorney has proof that the notice was sent by certified mail that is legally sufficient. Even if that is the case, you may be entitled to surplus money from the foreclosure auction, and you may also be able to receive a monetary payment to leave the property in good condition in an agreement known as cash for keys.
Schedule a free consultation to make sure that the foreclosure was conducted properly and that you receive all money you are entitled to.
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