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Old 10-08-2010, 12:08 AM
 
Location: .
440 posts, read 1,020,735 times
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Default Can they foreclose on a house without a notice???

Hi.. Can they foreclose on a home without written notice??? My sister had that just happen.. Her realtor was not even notified...Seems odd to me.....
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Old 10-08-2010, 04:25 AM
 
21,345 posts, read 34,040,569 times
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Default What do mean "without notice"...

Did she know was not paying her mortgage? Did the lender the lender NEVER contact her? Was ther never a notice of the court filing in the newspaper?

It is not like they send a courier to the house to say "foreclosure is coming". The lender sends delinquency notices to the address of record. Appropriate amount of time passes. Lender's law firm files in court. Court published notice of legal action. Court has hearing. Bam, it's over...
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Old 10-08-2010, 07:16 AM
 
Location: South Metro Denver and looking at houses
8,464 posts, read 18,301,812 times
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Are they in a judicial foreclosure state?

Realtors would never get notice for a foreclosure sale. Only the owners and the occupants.
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Old 10-09-2010, 08:01 AM
 
9,975 posts, read 10,637,407 times
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Quote:
Originally Posted by gussie View Post
Hi.. Can they foreclose on a home without written notice??? My sister had that just happen.. Her realtor was not even notified...Seems odd to me.....
Why would her realtor be notified? The person who is supposed to pay the mortgage is the one that would be notified. Usually a person knows if they are not paying their mortgage. It doesn't just sneak up on you.
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Old 10-09-2010, 08:04 AM
 
3,431 posts, read 4,386,910 times
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Quote:
Originally Posted by gussie View Post
Hi.. Can they foreclose on a home without written notice??? My sister had that just happen.. Her realtor was not even notified...Seems odd to me.....
My God, here we go.

It's in the media that SOME foreclosures have been halted in SOME states and now every person who's delinquent on their mortgage is going to whine on how they've been or they're about to be foreclosed on unjustifiably.

Class action lawsuits and a even longer drawn out housing recovery here we come.
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Old 10-09-2010, 09:53 AM
 
Location: Salem, OR
10,763 posts, read 17,551,649 times
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I am sure that you sister was served with a notice of default, if she was in a Trustee State. On that notice is the auction date. Wells just announced they will no longer postpone auction dates.

They tell you when the auction is once. They don't typically keep reminding you that it is coming and real estate agents are never notified of the auction. The real estate agent, should in fact, have been aware of the auction date because they should have pulled the NOD from the county if they were aware that the house was in pre-foreclosure.
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Old 10-09-2010, 10:09 AM
 
9,807 posts, read 5,682,850 times
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Why should the--real estate agent-- be notified?

No real estate agent ever paid my mortgage payments.

That was my responsibility.
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Old 10-12-2010, 10:30 PM
 
Location: South Metro Denver and looking at houses
8,464 posts, read 18,301,812 times
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I bet the owner went for a loan mod and missed two payments in a row.
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Old 10-13-2010, 02:08 PM
 
Location: .
440 posts, read 1,020,735 times
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No.. The real estate broker was notified by another broker that the house was forclosed on .. signs were removed and he called her. SHe had 3 potential buyers in a short sale..Citi Mortgage would not go below 129,900 that is what they told her real estate broker. She called Citi Mortgage and they said they told him they would take 105,000.. So lost all 3 buyers..She was never notified and to his day has not been.. It was foreclosed on Oct 5, 2010. No notification from the lender whatsoever....
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Old 10-13-2010, 04:08 PM
 
Location: Athens
470 posts, read 799,060 times
Reputation: 251
I am pretty sure that in all states there is a requirement for N.O.D. to the owner before the home can be foreclosed. In non-judicial states, that notification may be in the form of a public announcement of foreclosure. In GA, notice has to be published for 4 weeks in a paper published or targeted withing the county the foreclosure is in.

In judicial foreclosure states, it is often a longer process with a more direct N.O.D. process.
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