Legal Question in Real Estate Law in Florida

The court ordered last month for my home to be sold as a forclosure on April 18th in a online auction. However since then I have been working with NACA and my actual mortgage bank and I am under modification review. The bank told me they do not have a sale date for my home therefore it is not for sale and the court cannot sell my house while there is a review open. However the courts still have a auction date on the house. Can the court sell my house although the bank does not have the house for sale? I live in Florida broward county


Asked on 4/14/13, 5:55 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Unless the attorney for the bank has withdrawn the order of sale, yes.

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Answered on 4/14/13, 5:59 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

As Mr. Slater says yes, the Court Order trumps all else. Get the Order set aside or an Order cancelling the sale.

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Answered on 4/14/13, 7:15 pm


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