Legal Question in Credit and Debt Law in Georgia
Foreclosure Sale published in paper....
My home was put in my local paper in the foreclosure sale section of the classifieds. I knew that it was going to happen and that it has to appear a minimum of 4 times prior to a sale. However, we came to an agreement with the mortgage company and the sale was stopped. My name was in the paper again. Do I have any grounds for a defamation suit? There is no longer a sale yet one is still being advertised. I am mortified.
2 Answers from Attorneys
Re: Foreclosure Sale published in paper....
You have nothing to complain about it. In many papers, the legal ad deadline is way before the publication date (for example, in Clayton County, it's eight days or longer). By the time everyone gets around to stopping the ad (and they'd want to, as it saves them ad costs), a couple weeks easily could elapse. There is no defamation.
Re: Foreclosure Sale published in paper....
I agree with the above. Additionally, from your question it appears your name was already in the paper prior to your agreement with the mortgage company. Neither judge nor jury would find that you were harmed in any way.
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