QUESTION
Do I have any grounds for delaying the sale if the foreclosure process is technically defective since the house note was included in the bankruptcy?
Asked on Sep 02nd, 2012 on Foreclosures - Florida
More details to this question:
Ch7 bankruptcy was discharged in Sept 2011, note for home was not reaffirmed. May 23, 2012, trustee recorded notice of default, notice of trustee's sale followed soon after, with sale date set for Oct 2, 2012. The purported trustee has not followed the rules in the foreclosure (assignments recorded, newspaper publications). My understanding is that to have a TRO motion granted, I have to show that I would be harmed by the sale continuing.
1 ANSWER
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Make a motion to cancel the sale and submit it. Without more, like a complete review of everything, we cannot tell you whether you have grounds.
Answered on Sep 12th, 2012 at 4:41 PM