What is required by lawregarding proper foreclosure notice?

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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 11 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.


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