Legal Question in Real Estate Law in Georgia

foreclose

can your house be foreclosed on without the mortgage company giving you any notice? or any foreclose papers ? We orgionally had a mortgage with Ocwen mortgage and were in forclosure. We had a sale date with ocwen for July 3rd. On June 11th we received a letter from ocwen stating that our mortgage had been bought/sold or transferred to Avelo mortgage company. On June 12th we received a welcome letter from Avelo & a monthly statement. We just found out that Avelo mortgage company foreclosed on our home on July 3rd, even though we never received and notice of intent to foreclose or anything at all from them.The origional forcloseure paper we did receive says that the lawyers were representing Ocwen only. how can this be? do we have any legal recourse?Thankyou


Asked on 7/10/07, 10:01 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: foreclose

A lawyer would have to review the notices and documents to determine whether notice was proper. However, the general rule is that to even get into court to set aside a foreclosure sale, the debtor must tender the entire amount of the debt (not just the past due amounts) to the lender.

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Answered on 7/10/07, 10:09 pm


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