I am a homeowner and without my knowledge my property was foreclosed and I have been given an informal eviction notice prior to a formal notice. I have tried to contact the mortgage company to pay my arrears in certified funds; but since my property is now REO, they want to evict.
What are my options?

Hello jose:

If you were LIVING in the home and they somehow didn't get around to serving you, then the foreclosure was ILLEGAL, and you need to get your house back.

However, since the bank thinks it owns it, you're going to need an attorney to convince then otherwise.

excon

I really find it hard to believe you were totally unaware of foreclosure proceedings. Foreclosure is an involved process that generally covers 6 months or more. You also had to know you were in arrears. I find it interesting that all of a sudden you can come up with the arrears.

Most jurisdictions do allow for paying the arrears even if the property was sold to a third party. I agree with excon, you should hire an attorney who knows the local situation to try and get this done.

At the very least, you need to go to your county clerk and find out what rights you have at this point.

You were not aware you were 6 to 12 months behind in the payments.

You were not aware of the dozens of late notices

Sorry what I am saying if we are having trouble believing this, a judge is really going to have trouble.

Most likely they posted a notice on the porch or your home. Common notice.

You need to get out your loan papers and see what right of redemption there is on your loan in your state.

Often at this place you may not be able to pay just the late amount but have to pay the entire loan balance to save the house.

You will not be given an eviction notice till ownership of the home is changed, so it appears it is already foreclosed and you no longer own it.

Quote:

---

Originally Posted by Fr_Chuck

you were not aware you were 6 to 12 months behind in the payments.

You were not aware of the dozens of late notices

Sorry what I am saying if we are having trouble believing this, a judge is really going to have trouble.

Most likely they posted a notice on the porch or your home. common notice.

You need to get out your loan papers and see what right of redemption there is on your loan in your state.

Often at this place you may not be able to pay just the late amount but have to pay the entire loan balance to save the house.

You will not be given an eviction notice till ownership of the home is changed, so it appears it is already foreclosed and you no longer own it.

---

Sorry; was trying to keep info short

I was given notice to foreclose; and a notice to sell my house was put on my door.
My last resort was to declare Chap 13 BK which I did.
Then, two things happened, my principals (working on commission) finally paid what they owed me for two years and a private stock I had held for 20 years paid dividends; which gave me funds to dismiss my BK
At my BK hearing, I asked both the judge and the BK attorney if after dismissal I would have 30 days prior to any foreclosure commencement once the dismissal was official.
They agreed, it was a few days after my dismissal that my mortgage check was returned as not certified funds and they needed the entire amount, and would contact me to discuss.
The contact was a note on my door indicating they foreclosed.

Sorry for not posting total facts

I would suggest going back to the BK attorney and.or the judge. See if you they can get the foreclosure stayed or reversed.

Response
The BK lawyer wants to wash his hands because he feels it is no longer a BK case.
I have a message into the judge to listen to the tapes concerning my appearance and waiting on response

Thanks