My house is scheduled to be auctioned on Tuesday Oct. 27 at noon. It appears that there have been predatory lending violations regarding the mortgage.
Question Details: I found out today from an unrelated source that my house is scheduled to be auctioned off by the bank tomorrow. I am post Chapter7 and have not received any statements from my mortgage company (EMC) or their attorneys informing me of an actual date for the auction. I thought that I was supposed to be served with information regarding the auction of my property. Can I stop this action until the proper legal steps are taken? Can I protest the auction? There has also been a predatory lending violation that I just found out about today. I am disabled and I need help. Thank you.
Real Estate Law Answers
If you filed Chapter 7, then there was automatic stay and the lender should have gone to court and filed Motion for Relief of Stay. Did they not? It is probably too late since the post is on 10/27. If they did not file Motion for Relief of Stay, then you can file an adverse proceedings against her. The lender will be liable for the costs and any damages. Consult a local BK lawyer.
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