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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] I think the property was resold already. Posted by Ward-CA- on March 29, 2002 at 8:26 AM In Reply to: CAN A LENDER RENT OR SELL A HOUSE JUST BECAUSE THE SENIOR LIEN IS IN DEFAULT? posted by Wendy from FL on March 28, 2002 at 5:18 PM : My friend was in foreclosure and I wanted to buy her house. : I paid her some money to give me the keys and let me live their until the auction. I got a lawyer who found that the senior lien holder (doing the foreclosure) had forgot to include a 29000 junior lien holder. The auction was cancelled. I kept waiting for them to start the forclosure process over and checking on the house daily and feeding the cats there. Now they have broken in the house and started airing out the refrigerator, getting it ready to sell or rent. The owner had no idea when I told her (she had moved 6 hours away). Can they do this? I know they don't have to foreclose but isn't this illegal? I really wanted to buy the house. What should I do? =•=•=•=•=•=•=•=•=•=•= Wendy, the lender doesn’t have to redo the whole foreclosure process all over because of the mistake. All they have to do over is send out the notices of the new foreclosure auction date to all of the junior lienors, this time including the one previously missed and have their auction again. So whoever got title to the property at the foreclosure auction, either an outside bidder or the lender, probably now holds title, and broke into the house thinking it was abandoned. If that’s the case you would have to talk with the new owner to see if they would entertain the idea of selling the unit to you. Good luck. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : : My friend was in foreclosure and I wanted to buy her house. : : I paid her some money to give me the keys and let me live their until the auction. I got a lawyer who found that the senior lien holder (doing the foreclosure) had forgot to include a 29000 junior lien holder. The auction was cancelled. I kept waiting for them to start the forclosure process over and checking on the house daily and feeding the cats there. Now they have broken in the house and started airing out the refrigerator, getting it ready to sell or rent. The owner had no idea when I told her (she had moved 6 hours away). Can they do this? I know they don't have to foreclose but isn't this illegal? I really wanted to buy the house. What should I do? : =•=•=•=•=•=•=•=•=•=•= : Wendy, the lender doesn’t have to redo the whole foreclosure process all over because of the mistake. All they have to do over is send out the notices of the new foreclosure auction date to all of the junior lienors, this time including the one previously missed and have their auction again. : So whoever got title to the property at the foreclosure auction, either an outside bidder or the lender, probably now holds title, and broke into the house thinking it was abandoned. If that’s the case you would have to talk with the new owner to see if they would entertain the idea of selling the unit to you. : Good luck. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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