HOME LAW INSURANCE

Search      

Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Mortgages, Refinancing & Foreclosure
Register FAQ Members List Calendar Search Today's Posts Mark Forums Read



               


Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-07-2004, 01:24 PM
proyal
Guest
 
Posts: n/a

Recending the forclosure sale?


What is the name of your state?undefinedWhat is the name of your state? Florida

I recently purchased a home at a courthouse foreclosure sale. While waiting for the Certificate of Title, I learned that the sale was being challenged by the plaintiff (mortgage company) because they reached an agreement with the homeowner one day prior to the foreclosure sale. Due to an internal error (within the mortgage company) notification was not made to the appropriate parties and the sale went as planned (with the mortgage company representative present).

Does the mortgage company have a right to resend the sale (will a judge grant this) due to an internal error they made in terminating the foreclosure?
Reply With Quote
  #2  
Old 11-07-2004, 07:20 PM
Member
 
Join Date: Sep 2004
Location: Philadelphia, PA
Posts: 363
Quote:
Originally Posted by proyal
What is the name of your state?undefinedWhat is the name of your state? Florida

I recently purchased a home at a courthouse foreclosure sale. While waiting for the Certificate of Title, I learned that the sale was being challenged by the plaintiff (mortgage company) because they reached an agreement with the homeowner one day prior to the foreclosure sale. Due to an internal error (within the mortgage company) notification was not made to the appropriate parties and the sale went as planned (with the mortgage company representative present).

Does the mortgage company have a right to resend the sale (will a judge grant this) due to an internal error they made in terminating the foreclosure?
What does your auctioneer's paperwork say?
Reply With Quote
  #3  
Old 11-08-2004, 08:29 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 71,453
Quote:
Originally Posted by proyal
What is the name of your state?undefinedWhat is the name of your state? Florida

I recently purchased a home at a courthouse foreclosure sale. While waiting for the Certificate of Title, I learned that the sale was being challenged by the plaintiff (mortgage company) because they reached an agreement with the homeowner one day prior to the foreclosure sale. Due to an internal error (within the mortgage company) notification was not made to the appropriate parties and the sale went as planned (with the mortgage company representative present).

Does the mortgage company have a right to resend the sale (will a judge grant this) due to an internal error they made in terminating the foreclosure?
**A: yes, it is entirely possible.
Reply With Quote
  #4  
Old 11-08-2004, 11:12 PM
proyal
Guest
 
Posts: n/a
Quote:
Originally Posted by Ciarraine
What does your auctioneer's paperwork say?
I recieved a Certificate of sale from the Clerk of Courts. I was waiting on the Certificate of title. The sale was complete.
Reply With Quote
  #5  
Old 11-09-2004, 12:09 PM
Member
 
Join Date: Sep 2004
Location: Philadelphia, PA
Posts: 363
Quote:
Originally Posted by proyal
I recieved a Certificate of sale from the Clerk of Courts. I was waiting on the Certificate of title. The sale was complete.
The Auctioneer's notice of sale could well have included the right of the seller to cancel the sale. Check.
Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump



Find a Lawyer
Step 1:
Step 2:
 
Find a Lawyer
Post Your Case
Post your case and have it reviewed by a highly respected attorney. NO Cost, NO obligation, NO Fees! Get started now »
Get Legal Forms
Download 36,000+ forms »


All times are GMT -5. The time now is 11:03 PM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top                                        


IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.