** HELP ** Stopping The Sale By Claiming Failure To Notify

Homeowner has 1 day to the sale. Barred from BK filings. Is it possible to get a 2nd mortgage recorded and attempt to stop to sale on grounds that I was not properly notfied of the sale? Need to buy time. Just got this one yesterday. Worth a shot?

Comments(3)

  • davehays23rd February, 2004

    unethical in my opinion

  • InActive_Account23rd February, 2004

    I don't think this is going to work. The forclosiing entiity has to follow the foreclosure law of your state. I presume that they had a tiitle policy run when the lis pendens was filed. All interested parties had, at that time, to be put on notice. There may have been an update and notificiaton when the advertising of sale period began.

    One thing I'm sure of is they don't need to check for new interests or change of title on a daily basis. As long as they followed the law, you will not be successful.

  • mwinburn23rd February, 2004

    Won't work. One of the side benefits of filing the Lis Pendens is to establish any mortgages or liens against the property at that time, as SammyVegas said.

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