What can one do to stop the sale of his/her house in a public foreclosurer auction at the court house?

Asked by Ray ray, Mastic, NY Fri May 29, 2009

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Grace Hanamo…, Agent, Cupertino, CA
Fri May 29, 2009
Hello Rachel and thanks for your question.

After having read Carlos's brilliant suggestion and the web address that followed, I certainly think that it's worth both your time and money to invest in having a paralegal or real estate attorney advise you in this particular tactic. So far as I can tell, there's nothing illegal about the request, and providing proof of ownership as well as other documents necessary to verify any legal claim is "standard procedure" in most court cases. I would only caution you, however, that California, New York and Florida, for some peculiar reason, tends to thave slightly different laws than in the other 47 states, so it would be advisable to get legal help to protect your home and not attempt to do this alone.

Good luck in delaying the foreclosure, and, Carlos, you have brought to light an extremely useful tidbit of information.

Grace Morioka, SRES, e-Pro
Area Pro Realty
San Jose, CA
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Emma Aguilar, Agent, Henderson, NV
Fri May 29, 2009
Hi ,
Great question. As as foreclosure agent for the past several years in the Las Vegas area, I have learn a lot of strategies that help delay and stop auctions. Disclaimer: this is not to be used as legal advise. Please consult with legal counsel before attempting to take legal action. Here is a trick that you pull to delay the process. If you have been issued a Notice of Default by your mortgage company, Go to you local court house and file a motion for the bank to produce "The Note". The note (title) refers to the legal notice instrument that the lienholder (the bank) is the owner of the property.
Keep in mind that banks have enormous amount of red tape. When add the fact that most of the notes are consistently sold off by one bank after another, half the time they misplace or don't transfer the notes to the right banks. They often sold in bulk packages. So the strategy here is when you ask for them to produce "The Note" and they cant (slight chance) you could end up with a free home.
In reality , its a very small percentage that could actually happen. The good new is that while they are look for it , the courts can post pone the auction until they can respond. That's were they can take some time in trying to produce it.
For more info on how to use this strategy check this out:
Another way is by doing a short sale. Good luck!
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