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"Active Foreclosure Status" with a sale set for Nov 09 is what the lender mentioned when I called. I have not received ANY...

Orlando, FL |

papers from them at all, never served or any summons. My Realtor who has the hm listed as a short sale has been checking the clerks office daily, no Lis Pindens shows. I called the lender a few weeks ago & all they mentioned was a 'Demand' letter that was sent out May 22, which I NEVER received...she read it to me. I gave them an updated address weeks ago, cuz I'm in CA for a few weeks for biz. I told them to PLEASE send any correspondence to this CA address. No Letter, No Summons, nothing and they have my hm set for sale??? Is this legal?

I called the lender again today. The rep says that they want to work with me on a loan modification. He also mentioned that a loan mod would "suspend" the foreclosure, but a short sale would not. I have it on the market as a short sale due to a loss of a business. He said that the house is in "Foreclosure Status", with NO sale date as of yet. I checked the county clerks office once again, no Lis Pinden shows. I have yet to be served with any paperwork and no mail has been sent.

Attorney Answers 3

Posted

The foreclosure date that the bank gave you may have been the estimate that they recieved from their attorney's office. You need to continue to monitor the public records for a complaint and the lis pendens. Any communications with the bank should be in writing as evidence of your attempted communications and requests.

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Posted

If the lender claims to have served you then you are in trouble. This matter requires immediate attention. You better get back home or get someone else in Orlando working on this problem.

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Posted

The lenders have started giving borrowers "sale dates" without a foreclosure being filed. If you checked the court docket and there has been nothing filed then this a probably just an internal estimate by the bank. A sale date is not official until a Judge enters a Final Judgment and the clerk sets the sale date.

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