Here’s my response to a question posted online:
Do I have any legal right to fight the foreclosure sale of my house that occurred 10/5/16? While negotiating the foreclosure of my house, the bank sold it to another party.
Are you absolutely certain that the bank sold your home, as opposed to selling or assigning the mortgage? Or perhaps the servicer sold the servicing rights? Both are vastly different from actually selling your home. And it can be very confusing to know for certain what actually took place.
Negotiating is not enough to stop a foreclosure sale. There must be an express representation, hopefully in writing, that there will not be a foreclosure sale while negotiations are in place. Otherwise you are out of luck.
But, what do you mean by negotiating? There cannot be a foreclosure sale if a timely and complete modification application was received beforehand.
A federal judge recently voided a foreclosure sale because the municipality was not notified within 30 days after the sale. There are lots of other picky requirements that can lead to a voided sale, if it was actually a sale in the first place.
I hope you see that there is no way your question can be reliably answered online, and that you must see a lawyer. Contact me today for a consulation.