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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption