Foreclosure in 06511>Question Details

Jayne Defran…, Other/Just Looking in East Haven, CT

Can I sell my home while it is in litigation for strict foreclosure?

Asked by Jayne Defrancesco, East Haven, CT Thu Sep 10, 2009

Owner occuppied and tenant occuppied, law date Oct 2009

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Debra La Plante’s answer
Dear Jayne -
Seek out advice from a qualified real estate agent and/or attorney in your area. It looks like this agent below is willing to help you out on this. It certainly can't help to give her a call.
The very best of luck to you!
Web Reference:
1 vote Thank Flag Link Thu Sep 10, 2009
Hi Jayne,
First of all, I want to let you know that you are not alone and I wish you all the best! There is life after foreclosure and sometime in the future, I hope you can look back and say "you did the best you could" and move on with your life!

You would want to check with your attorney most importantly but the general answer is that yes, you can sell your home at any stage prior to the foreclosure, however it is important to get someone with experience involved as quickly as possible. I recommend working with a Realtor that has the CDPE or Certified Distressed Property Expert qualifications. These professionals have the training to assist you and review all of the important criteria and to work on your behalf to possibly postpone the foreclosure and help you sell the home.

If you would like a referral to a local CDPE in your area, please contact me or visit my website at or my site for homeowners in distress at

Again, I wish you all the best. Let me know if I can be of any further service.

Tim Denbo, CDPE
Realtor, e-PRO
Check out my Blog at:
1 vote Thank Flag Link Thu Sep 10, 2009

The best advice I can give is to speak with your lender directly to see if you can work out a short sale like Donna has mentioned. Also, speak with a real estate attorney about this. Since you are so close to the date, you should call your lender and see if they can put an hold on the foreclosure and go the short sale route. This will help buy you sometime with hopes of saving some of your credit.

I wish you luck. If you need a list of names of attorneys who speacilze in this, please feel free to e-mail me

:) Kristina
1 vote Thank Flag Link Thu Sep 10, 2009
Hi Jayne,

There is an option open to you to sell your home as a short sale if your are facing foreclosure. A short sale is where negotiations are done with the lender holding your note when there is a buyer who is looking to purchase the property at less than the debt that is owed. Some lenders may allow the foreclosure process to be put off or cancelled in such instances.

I have gone through specialized training and have received a Certified Distressed Property Designation. If you would like more information about the options available to you, please feel free to contact me.

Donna Bigda
RE/MAX Alliance
203-488-1641, ext. 214
Licensed in the State of CT
1 vote Thank Flag Link Thu Sep 10, 2009
To be honest - when a home is currently in litigation prodeedings for a strict foreclosure, that means you may have a difficult time to entertain with your bank to sell your home under a phrase called "short sale". What a short sale is - defined as simple as can be, when a home owner wants to avoid strict foreclosure and make an agreement with their bank to sell their home under a short sale based upon specific reasons, such as job loss, divorce, illness, un-employment and even death.

Many who specialize in short sales understand that giving you this advice once the home is already under a litigation for strict foreclosure, the best option is at this point to speak to an attorney to get the advice you need. It is a process, whereas, if you want to avoid a strict foreclosure situation, you may have to work out what is called a mortgage mediation - of which you will need an attorney for. Outside of that, if you are in fact in foreclosure litigation - it may be too late to entertain what is called a short sale. Seek your answer from a real estate attorney.
0 votes Thank Flag Link Thu Feb 9, 2012
If the law day was in October 2009 then the bank owns the property. If the judgment was reopened and extended then we need to determine what the law date is. You can call me at 860.234.9260 and I can attempt to research the legal proceedings.
0 votes Thank Flag Link Fri Feb 3, 2012
If your law date is that close you really need to move fast. The bank is unlikely to push a sale date out until there is a buyer for your home. You need to get this home on the market ASAP at a price to get it under contract fast. Then you have some leverage to move the date back. Call a realtor in your area with experience in short sales ASAP.
Web Reference:
0 votes Thank Flag Link Sun Sep 13, 2009
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