WHAT IS AN ILLEGAL FORECLOSURE?             

1.   IF YOUR FORECLOSURE DOES NOT FOLLOW ALL OF THE STEPS REQUIRED BY LAW, THEN YOUR FORECLOSURE WILL NOT BE A VALID AND LEGAL FORECLOSURE.

 

2.   IF YOUR FORECLOSURE IS STARTED BY THE WRONG LENDER, THEN YOUR FORECLOSURE IS ILLEGAL. (Make sure the lender on your deed of trust is the same lender foreclosing on your home. If not, then there must be a recorded assignment transferring the loan to the new lender before that lender can start the foreclosure)

 

3.   IF YOUR FORECLOSURE IS STARTED EVEN THOUGH YOU ARE NOT BEHIND ON YOUR PAYMENTS  (Yes, this happens!), THEN YOUR FORECLOSURE IS ILLEGAL.

 

4.   IF YOUR FORECLOSURE IS STARTED BASED ON THE PROMISSORY NOTE ONLY, AND NOT THE DEED OF TRUST, THEN YOUR FORECLOSURE IS ILLEGAL (UNLESS THEY HAVE ALREADY SUED YOU ON THE NOTE, OBTAINED A JUDGMENT AND THEN STARTED A FORECLOSURE ACTION).

 

5.   IF THE FORECLOSURE ON YOUR HOME IS THE RESULT OF A PREDATORY LOAN, YOUR FORECLOSURE MAY BE ILLEGAL.

 

 

6.   IF YOU ARE NOT GIVEN AN OPPORTUNITY TO APPEAR AT YOUR FORECLOSURE HEARING AFTER FILING YOUR RESPONSE AND PAYING YOUR FEE, THEN YOUR FORECLOSURE IS ILLEGAL.

 

 

7.   IF THE COURT DOES NOT ISSUE AN ORDER AUTHORIZING THE SALE OF YOUR HOME AT LEAST SEVEN DAYS BEFORE THE SALE DATE, THEN YOUR FORECLOSURE SALE IS ILLEGAL UNLESS IT IS RESCHEDULED TO A TIME AT LEAST SEVEN DAYS FROM THE ORDER.

 

8.   THE LENDER MUST FILE A MOTION WITH THE COURT FOR THE ORDER TO SALE YOUR HOME (#7 ABOVE). YOUR FORECLOSURE HEARING MUST BE SCHEDULED NOT LESS THAT 20 NOR MORE THAN 30 DAYS AFTER THE DATE OF THE FILING OF THE MOTION, OR YOUR FORECLOSURE CANNOT LEGALLY PROCEED UNTIL THIS IS DONE.  THIS IS IN C.R.C.P. RULE 120(a).   (CHECK ALL DATES!!!!)

 

 

9.   IF THE NOTICE OF THE HEARING IS NOT SERVED ON YOU BY MAIL AT LEAST 15 DAYS PRIOR TO THE DATE THE HEARING IS SCHEDULED, THEN YOUR FORECLOSURE CANNOT LEGALLY PROCEED UNTIL THAT IS DONE.  THIS IS IN C.R.C.P. RULE 120(b).  (CHECK ALL DATES!!!!)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.   IF THE NOTICE OF THE HEARING IS NOT SERVED ON YOU BY MAIL AT LEAST 15 DAYS PRIOR TO THE DATE THE HEARING IS SCHEDULED, THEN YOUR FORECLOSURE CANNOT LEGALLY PROCEED UNTIL THAT IS DONE.  THIS IS IN C.R.C.P. RULE 120(b).  (CHECK ALL DATES!!!!)