How can my house be foreclosed without my knowlege, without having had papers served to me?

Isn’t that illegal?

Asked on November 13, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A home cannot be foreclosed on without proper service, but it is possible to foreclose without you having knowledge, so long as service was made. There are different ways to make service: so, for example, say that you live with a significant other, adult child, or other family member; it would have been good service on you to have left the papers with another adult resident at your home, but if that person then forgot to tell you, you would lack knowledge despite good service.

It may well be that service was not proper and you have a good defense on that basis--just don't assume that simply because you were unaware, that service must have been bad, ineffectual, or non-existent. You should retain a lawyer to explore and, if appropriate, raise this or other defenses on your behalf.


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