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Paul F. Doherty

Paul Doherty’s Answers

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  • Can a sherriff sale be held prior to the date that you were notified it would be

    My freind was notified that the sherriff sale would be held on one date But it was actually held one week before the date he was told

    Paul’s Answer

    By "notified," I assume you mean the written notice served as part of the foreclosure stated the date of the foreclosure sale. This notice serves as legal notice to the public, and your friend, of the date a sale will occur. This notice gives your friend, or anyone else who is interested, the opportunity to bid. Typically, only the bank shows up and bids the amount owed on the mortgage. It would seem that if the sale went forward a week before it was noticed, no one would have showed up and bid. Did someone bid on the home? Was you friend in a position to bid? I suspect he wasn't so the practical effect is that no matter when the sale was to have happened, there would have been the same result-- the house would have been lost. So while your friend might have a basis to set aside the sale, unless he's in a position to redeem the property (ie bring the mortgage current and pay all of the forclosure costs), there's probably not much he can do.

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