Legal Question in Real Estate Law in Virginia

Re: trustee's sale

After the property is sold, you are no longer the owner and will have to move. If you fail to move, you will find that the new owner, whether it's the lender or otherwise, may evict you and you will be forced to move.

Re: trustee's sale

Well, first, if you can afford a little money, you might see if your mortgage is legally invalid due to technical legal mistakes. Try www Mortgage Fraud Examiners (com)

You should also contact the new cneter for homeowner help set up last October at www.HUD.gov and see if they can help you get relief or a renegotiation.

if you do not get any answers or information, contact your Congressman and ask for the "constituent services" staff. Believe it or not (you would think they would not care about your problem), Congressional offices routinely help voters in their districts to navigate through the Federal bureaucracy and figure out which Federal office you should talk to. Obviously they are hoping to win votes. But with all the talk about new programs to help homeowners avoid foreclosure, your Congresman should be willing to help put you in touch with the right offices. Since these programs are new, it may be hard to find them.

As to when you need to be out, that depends on whether anyone buys the house or whether the bank ends up taking it and holding it. The bank might prefer to have a renter in the house than letting it sit empty, subject to vandalism, animals, trespassers, etc. Or the bank may simply lack the resources to take action. So it is really very hard to say. If the house is foreclosed on, you should ifnrom the trustee how much time you need and request it in the proceedings.

You should also have someone check whether the foreclosure process was done incorrectly.

I have a client right now who had his foreclosure declared illegal and reversed because it was done incorrectly. (I cannot take credit for that, as it was done before I got involved, but I am helping him complete the process.)

One thing you should do is challenge whether the lender has sold the loan to someone else.