Legal Question in Real Estate Law in Arizona
Foreclosure Sale Notice not received by owner
My mother 'loaned' my brother her credit to buy a house about 12 years ago. The house and financing is in the mothers name. For the last 6 months or so, the brother has failed to make any mortgage payments and the lender has filed notice to foreclose, sale date set for 10/05/2007, about a month from now. The notice was sent to the brother's house, he never showed it to her, and my mother (the property owner) has never seen the notice. She lives in a different city.
Can the foreclosure process be delayed because of the failure of the owner to receive the notice of sale? If so, what needs to be done to put the lender's agent on notice that the owner has never been furnished with a notice of sale?
1 Answer from Attorneys
Re: Foreclosure Sale Notice not received by owner
I would not count on postponement of the sale. I will bet that your mother listed her address as the property on the loan papers, and has never submitted a change of address letter to the lender.
She needs to consult with an attorney immediately. If you delay, she stands to lose the house and have a foreclosure sale on her credit.
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