Mali, Other/Just Looking in West Palm Beach, FL

Can a lender(Bank OF Am) sell a property without notifying me of a sale date?

Asked by Mali, West Palm Beach, FL Thu Oct 14, 2010

They were granted the final Judgment since Nov. 09 and did notify me of an original sale date for Dec 09. Since I was in the process of a modification I was able to obtain a lawyer who did stop the sale pending the modification. I have been trying to modify the loan with them since for the past 10 months but they just keep dragging it on.
Next thing I know someone knocks on my door on the 2 days ago to tell me that the property was sold on last week (oct 5)

Help the community by answering this question:



You absolutely should speak with an attorney as quickly as possible. Since Bank of America is one of the three lenders that have currently suspended foreclosures due to improper paperwork they may be able to keep you in the home until the loan modification is resolved.

Ten months is a very long time to be working on a loan modification so you fully understand the difficulty of dealing with these lenders.

The very best of luck to you and if there is anything at all I can do to help please feel free to contact me at your convenience.

Always at Your Service,

Tom Priester e-PRO
"Results Driven Real Estate"

Keller Williams Realty
561 308-0175
Web Reference:
1 vote Thank Flag Link Fri Oct 15, 2010
From my experience the foreclosure judge in Palm Beach County has been electing to send to foreclosure auction up to 20% of the properties, even if the bank's attorney says "do not sell". I suggest you act quickly and get an attorney to file a motion to "vacate the foreclosure" (to reverse the foreclosure).

Best of Luck,
Marsha Montoya Mayer- Realtor
Paradise Properties of Florida, Inc.
0 votes Thank Flag Link Sat Oct 16, 2010
No, the court should have notified you of a sale date, there should have been a sign posted 30 days prior to the sale date and it should have been advertised in a local paper twice prior to the sale.
I would call your attorney.
Do note pending modification does not necessarily stop foreclosure proceedings.
Good Luck
Bob Patrick
Buy a home after foreclosure expert
0 votes Thank Flag Link Thu Oct 14, 2010
They definitely need to notify you of sale and all the proceedings. You should have gotten a letter from their attorney handling the transaction. In light of recent events, you might be able to argue the foreclosure. Go for it, contact your attorney.

Andrew and Elena Ollick
Amerivest Realty
Latest Post: Housing Has Finally Hit the Bottom
0 votes Thank Flag Link Thu Oct 14, 2010
Did you look into the validity of the home that was sold without notice? I am a BAC homeowner and am going thorugh simlar circumstances waiting for a modification that seems doesnt exist do you have any advice on what you would of done differently?
0 votes Thank Flag Link Thu Oct 14, 2010
Hi, Mali. I'm so sorry to hear about the aggravation you're having with your home. My suggestion is to speak with your attorney who is helping you with your modification. You really should have someone who understands the law advocating for you.

Good luck. I hope that it all works out well for you.

Nicole Marks Mason, Realtor
Web Reference:
0 votes Thank Flag Link Thu Oct 14, 2010
You should consult with an attorney immediately as this is a legal matter.
0 votes Thank Flag Link Thu Oct 14, 2010
The property is not theirs to take. They have to obtain certificate of title and be recorded with the clerk. Your attorney may be able to get the sale vacated.

The buyer at auction probably has no clue the bank will foreclose on them.

Craig Fialkowski
0 votes Thank Flag Link Thu Oct 14, 2010
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