Legal Question in Real Estate Law in California
- I have received a foreclosure notice that was never served upon me, although the association found a copy of it at the entrance gate to the association and e-mailed it to me. My property will be sold on December 29, 2014. My loan has been in default since 2011.
- Countrywide gave me the said loan in 2005. Then Bank of America purchased my loan. Then it was sold to Ocwen. Now Ocwen is foreclosing.
- The notice of default on my property was filed by Bank Of America ( not Ocwen) in 2011, and it is more than 3 years old.
-Could I file an action to stop foreclosure on the grounds that the Notice of default is defective and it is 3 years old?
- I am told that a notice of default ( which is less than one year old) should be filed and 3 months ( or nay 6 months) waiting period should pass before a foreclosure is scheduled.
- Could you help me?
1 Answer from Attorneys
Double check to make sure that it isn't just an advertisement by some company trying to scam you. A real Notice of Default does not give a sale date, it gives a 90 day period of time to cure the amount you are in arrears.
A real Notice of Sale usually does not issue until about 21 days before your sale and expires in 20 days. If you got something with more than that many days notice I would be suspicious of advertising.
and . . . . Yes they can leave notices at the gate of a locked association.
I have been very successful with cases such as yours in filing court documents and then obtaining subsequent loan modification. It isn't a guarantee, but given who your lender is, I could probably help you. Consultation is always free.
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