What is required by lawregarding proper foreclosure notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is required by lawregarding proper foreclosure notice?
How many time by law is required for the mortgage company to advertise in the classified section of the paper?. The dates that are of concern are 112/09 through 01/10. The ad was supposed to appear in the Decatur Daily which runs every week. What actions can be taken if proper notice was not received and the was property sold?
Asked on July 21, 2010 under Real Estate Law, Alabama
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Proper notice to you is different than proper public notice in a newspaper of general circulation. Usually the statute in each state does not specify a specific newspaper; it merely indicates it must be published a certain number of times a certain number of days prior to the foreclosure and it must be published in a newspaper of general circulation. The consequences of improper notice to you are different than the consequences of a failed notification via publication. Oftentimes, when there is improper notice to you, you can have the foreclosure reversed and it may open a door for you to seek a loan modification or forbearance. As to improper publication, it depends on the state. Some states allow for automatic reversal while others require more substantial damage (each state is different) in order to reverse the foreclosure.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.