I have been trying to find out for several weeks who the foreclosure attorney is, since the one who handled it told me they no longer have my case. The reason is because I have been trying to get a payoff amount on the mortgage. Even when I called the servicer for the lender, they told me the name of the old foreclosure attorney. Now I found that the attorney that previously told me they were hired strictly for my bankruptcy case (that finally ended recently), just filed for a Motion to Reschedule Foreclosure Auction. How are they allowed to do that if they never filed a Notice of Appearance representing the lender for the foreclosure? Can I file an Objection to the Motion to Reschedule Foreclosure Auction, based on this fact they didn't file a Notice of Appearance? Or could I file an Objection based on that I need some time to maneuver a payoff since I couldn't find out who was handling my foreclosure case? (I need some time for a payoff with the first mortgage, as well as continue with the settlement I have been working on for the second mortgage). I figure filing an "Objection" to the Motion will at least buy me a little time to settle and payoff the mortgages, right?
Wrong. It sounds like you are pro se. You need an attorney immediately. The Foreclosure George in St. Lucie County will eat you for breakfast. Is there a bankruptcy stay in effect or not?
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
Sorry but no. The lender has a right to get a new sale date if the bankruptcy case is over. Before you do further damage to your case you need to hire your own attorney to contact the bank's and get a payoff ordered. The counter argument from the judge will be you had months/years to negotiate the 1st and 2nd and just starting now will not fly. An attorney will know what you should do/file and you need to hire one tomorrow if there is a motion to get a new sale date filed.
WE WILL NOT AND CANNOT GIVE FURTHER FREE LEGAL ADVICE AND WILL REFER YOU TO LEGAL AID IF YOU CANNOT AFFORD A LAWYER. Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney/this firm until officially retained. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. HK Legal Group, P.A. is a real estate and general practice law firm located in Boca Raton, Florida.
The bank has a right to reschedule the foreclosure sale. Not filing a notice of appearance is not going to prevent the court from rescheduling the sale. I don't recommend that you proceed pro se if you're trying to save your home.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
Your question is a bit confusing as you reference a bankruptcy filing, but you did not indicate if you surrendered the house, although you state that you are working on a payoff. All that being said, if you surrendered the home, you can't properly file anything further contesting the foreclosure sale. If you did not surrender through the Bankruptcy, you are entitled to a payoff figure. Filing an objection simply to buy you more time is not a good idea. Contact the attorney that filed the Motion to reschedule and ask for a payoff. Also attend the motion hearing and let the Court know you live in the property, they may provide you a bit more time. At the hearing, tell the Judge you are trying to get a payoff, and get the contact information for the bank's attorney at the bench.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline