Legal Question in Real Estate Law in New York
Hi, thank you for this great service.
I have a friend who just called me to say that a real estate agent came by to take pictures of his home, but he is not selling his home. It is, however, listed on the real estate agent's website as for sale.
There was a complicated situation a few years ago, where someone was trying to scam him with regards to the home. Anyway, that case was settled. However, for the past two years this person has NOT been paying the mortgage or property tax. I don't know why.
My question is: Can a bank foreclose on the home without informing the home owner? How can he find out who is selling his home?
3 Answers from Attorneys
Can a bank foreclose on the home without informing the home owner?
A. No.
Mike.
It is possible to foreclose a property in Wisonsin without ever accomplishing personal service of the paperwork on the home owner if the bank has trouble locating the owner. In that event, they can get permission from the judge to publish the summons as a legal notice in the newspaper. Your friend would have been considered served the day following the first publication. The rest of the process all the way through sheriff's sale could then occur without your friend's involvement. The good news, however, is that the foreclosure can be permanently stopped if your friend files a chapter 13 bankruptcy any time before the sheriff's sale is confirmed and then resumes payments. If your friend wants to save his home, he should therefore immediately consult with an experienced bankruptcy lawyer. My comments here are offered solely for public education and not as legal advice for you or your friend. However, anyone is more than welcome to contact my Racine office with further questions.
It is possible to foreclose a property in Wisonsin without ever accomplishing personal service of the paperwork on the home owner if the bank has trouble locating the owner. In that event, they can get permission from the judge to publish the summons as a legal notice in the newspaper. Your friend would have been considered served the day following the first publication. The rest of the process all the way through sheriff's sale could then occur without your friend's involvement. The good news, however, is that the foreclosure can be permanently stopped if your friend files a chapter 13 bankruptcy any time before the sheriff's sale is confirmed and then resumes payments. If your friend wants to save his home, he should therefore immediately consult with an experienced bankruptcy lawyer, who can immediately determine if a foreclosure is pending as well as how far it has progressed. Even if he does not want to save the home but rather only determine how long he can continue to live there for free, it will be well worth retaining a lawyer just to monitor the proceedings and answer such questions. My comments here are offered solely for public education and not as legal advice for you or your friend. However, anyone is more than welcome to contact my Racine office with further questions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
