Is it possible to not know that your house is in foreclosure?
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Is it possible to not know that your house is in foreclosure?
While searching for something on the state judicial website, I found a
foreclosure case of a co-worker. I have not, and don’t intend to, share this
information with anyone at work including the person in question, who is a
supervisor. However, she seems to be completely unaware that it is occurring. She has been at work on important court dates and was telling me the other
day about repairs that she intends to have done on the house in the spring. Is it legally possible that she doesn’t know the foreclosure is happening? She is listed on the mortgage along with her husband. The Law Day has been set for a date about3 1/2 months from now.
Asked on October 19, 2018 under Real Estate Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
There are four ways this could happen:
1) She was not legally served with the documents relating to foreclosure (i.e. they were not delivered in the proper way), which is something she could likely use later to get the foreclosure case dismissed (or foreclosure undone or vacated, if the case has proceeded) if she becomes aware of the situation and proves the lack of proper service. To proceed with foreclosure, the homeowners and any lien holders must be given proper notice of the case; if this doesn't happen, it is a defense.
2) She was served properly but lost or threw out the papers without reading them. The law requires they be delivered to her properly, but once delivered, what happens to them is up to her, not the other party.
3) She received and read the papers but does not understand them or is in denial about them.
4) She is not actually the home's owner or on title--may it is owned by a family member, a significant other, someone she rents from, etc.--in that case, she would not necessarily be entitled to notice (though this last point is unlikely if you found her name on the case, which implies she is an owner, since she is named in the case).
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