Stop a 4closure if the NTR Recording was wrong?! - Posted by Jay Phx

Real Estate Investing
#1

Posted by JT-IN on August 09, 2007 at 15:58:50:

Not a clerical error but a error in identity… a nunc pro tunc is not appropriate in that case.

They could amend the complaint and provide service to the proper person at the correct address, but the time limits for answering and remedy of the default would, or should all start from scratch… Nearly the same as starting a new case.

In order to defend the erroneous naming of a party, and protect the debtors rights, the debtor may need to get actively involved here to make the error of record, before the matter is finalized… They probably need an Atty asap… nothing to mess around with because if they are aware of this error and do nothing, they could be proven to have “had notice” and a judgment could stand. No sense in taking chances on that one…

JT-IN

#2

Stop a 4closure if the NTR Recording was wrong?! - Posted by Jay Phx

Posted by Jay Phx on August 06, 2007 at 14:37:35:

Hi All,
I’ve read somewhere before that if the recorded Notice of Trustee Sale doc has any information that is incorrect (ie, Name Mispelled, Address Incorrect, Etc.) that it is possible to stop/halt/or at least delay the foreclosure sale. Is this correct? If so, what is are the steps (who to contact) to start getting the brakes put on?

I have a Short Sale file I’ve been working and the banks are delaying this thing until now it’s 2 weeks until sale…however, the owner’s name on the NTR Document isn’t correct, so I’m hoping I can’t halt this thing somehow. Thanks for you advice in advance!!

Jay Phx

#3

nunc pro tunc… - Posted by JT-IN

Posted by JT-IN on August 07, 2007 at 18:18:50:

“This phrase is used to express that a thing is done at one time which ought to have been performed at another.”

Kind of a corrective action, often used to straighten out an oversight or clerical error, which avoids vacating previous orders, and pretty much eliminates your game plan here.

Obviously the use of this filing will vary from jurisdiction to jurisdiction, but I sure see it used quite a lot in foreclosure cases to tidy up lots of errors… Kind of like we really didn’t make that error because we meant to say it this way… “Corrected spelling”; nunc pro tunc. “Now as then”. All fixed.

#4

forget it… - Posted by Ben(NJ)

Posted by Ben(NJ) on August 07, 2007 at 16:49:00:

if this were true the whole system would grind to a halt for every mistake made. The other poster is right, upon Final Judgment the foreclosing attorney will simply file a motion correcting any clerical errors.

#5

re: - Posted by lr_fisher@yahoo.com

Posted by lr_fisher@yahoo.com on August 06, 2007 at 19:17:33:

it’s possible, but you would have to review your state law on foreclosures to find out. Many states have made sure the foreclosure process is streamlined so minor clerical errors may not be a cause to stop a foreclosure.

1st things first, call up an RE attorney. That may cost some money though.

#6

Re: nunc pro tunc… - Posted by Jay Phx

Posted by Jay Phx on August 08, 2007 at 21:40:29:

Hi JT,
Thanks for your response. You think that applies if the name is not correct at all? It’s not that their names are misspelled, they are not even the same people and the address is incorrect due to a mixup during deed recording years ago. Thanks again!