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What happens if my bank sells my note to another bank while in the process of foreclosure?

Ormond Beach, FL |

I am currently in a foreclosure. My bank sold the note to a different bank before the foreclosure sale was held. The foreclosure sale was held after the note was sold. Is the sale still valid. A new attorney did not take over for the old bank. The new note holder has not filed anything in the case.

Attorney Answers 3


  1. you should have the matter reviewed by a lawyer who handles foreclosure cases. its possible that the sale is valid depending on what documents have been filed. without a review of the documents its not possible to give an answer

    without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice


  2. If it is done properly the new bank takes over the foreclosure. If not done properly then the bank may lack standing and there are issues.

    Likely the investor is the same but only the servicer changed. This is a complex issue and I agree with the other answer that you should consult an attorney with foreclosure experience to evaluate your specific situation.

    Mr. Warrick is licensed to practice law in Florida and Alabama. This response is not legal advice and responing to your question does not create an attorney/client relationship or any future obligation. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Warrick strongly advises the questioner to consult with an local attorney in order to ensure proper advice is received.


  3. The bank who initiated the foreclosure had standing, I presume. Who is the judge? You need a foreclosure attorney who knows the mortgage industry well.

    R. Jason de Groot, Esq., 386-337-8239

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