What Happens When You Received No Notice of Foreclosure Trial….And Only Find Out Your House Will Be Sold At Foreclosure…After The Fact?

Yesterday I was hired by another consumer who did not receive proper notice of a foreclosure trial.   Last week I received a Notice of Foreclosure Trial two days before it was to happen.
This week, the only notice my elderly client received was the Notice of Foreclosure Sale, the Final Judgment of Foreclosure was entered days before….and she had no notice whatsoever of foreclosure trial.   Her case had in fact been lying dormant for nearly two years.
In both cases, my clients were actively and aggressively working with the bank on a loan modification.   In both cases, the clients received specific assurances that the foreclosure was not going forward.   In fact, both cases would seem to violate the express terms of the National Mortgage Settlement Consent Judgment…..but then no one is enforcing that so what’s to stop the banks from just ignoring their own settlement and doing as they please?
The problem in both cases…and in countless thousands of others…is that courts are not sending out notices of trial….they are relying upon Plainitffs to send out Notices of Trial and…surprise, surprise, surprise…they’re not sending them out correctly….
So what happens to the consumer if they find their home will be sold at foreclosure or a Final Judgment of Foreclosure has been entered?   Well, in many cases it’s going to be too late…..the time periods move very, very quickly and failing to act eliminates all rights.
If you’re a consumer with a foreclosure case that is still open….even if you think you’ve got a permanent modification….it’s time that you hired an attorney and confirm that your case is closed and your rights are protected.
Don’t let the first notice you receive be a Notice of Foreclosure Sale!