Posted by rm on September 16, 2003 at 08:18:08:
I’m just wondering if contesting the sale might help to stall the process a bit. Of course, I haven’t yet learned how THAT is done? BTW, what constitutes grounds for a foreclosure to be contested?"
Depending on the state, there may still be time to redeem the property post-sale.
Stop Foreclosure…HELP!!! - Posted by Jay Phx
Posted by Jay Phx on September 15, 2003 at 18:14:58:
Hello All,
I am in serious need of advice! The sale of a property I’m trying to work a deal on is scheduled to happen this Friday September 19!!!
Upon examining the Notice of Trustee’s Sale recorded, they have the WRONG Tax parcel ID number. Doesn’t that mean that they have to start the whole process over? If so, who do I contact to make sure that they start over?
Thanks everyone!
I’m keeping my fingers crossed on this one ;0)
Everyone was right! - Posted by Jay Phx
Posted by Jay Phx on September 20, 2003 at 17:34:00:
You guys were right… No go on trying to stop it. Sorry that I didn’t list what state or county, but some of you figured it out :o)
No successful bidders at the auction, so back to the bank for this one! Thanks guys!
Jay Phx
Re: Stop Foreclosure…HELP!!! - Posted by John V, FL
Posted by John V, FL on September 17, 2003 at 12:02:04:
What does the mortgage show for the parcel ID #? Good chance it was incorrect there as well. Agree with Jim that legal description as well as the borrowers names are relevant to upholding a valid certificate of title or deed. Address and parcel id# are not.
Also check with the county - Posted by IB (NJ)
Posted by IB (NJ) on September 16, 2003 at 23:43:13:
you’re working in. In my county the mortgagor is allowed 2 two week extensions totalling 4 weeks. Check with the county recorder’s office.
Don’t Slow Down. - Posted by Ronald * Starr(in No CA)
Posted by Ronald * Starr(in No CA) on September 16, 2003 at 09:28:34:
Jay–(AZ)-----------------
Don’t slow down, you have only a few days left until the sale.
Jim V has it exactly right for trustee sales states. The legal description is controling. The assessor’s parcel number is irrelevant. Check to see if the legal description is accurate. If it is inaccurate, there may be a need for the trustee to back up and do some steps again. Lacking this, watch for the sale on Friday.
Good InvestingRon Starr****
JT is right… - Posted by Ben (NJ)
Posted by Ben (NJ) on September 16, 2003 at 06:10:49:
in NJ at least clerical errors are easily resolved by filing an order correcting clerical error with the final judgment paperwork. If every mistake necessitated starting over from scratch, the system would ground to a halt.
Re: Stop Foreclosure…HELP!!! - Posted by Jim V
Posted by Jim V on September 15, 2003 at 20:09:01:
The legal description of the property being foreclosed should be included in the NTS. Parcel numbers and addresses are considered common descriptions, which might include inaccuracies. There should also be a disclaimer in the NTS where the Trustee disclaims liability for inaccuracies in common descriptions.
I agree with JT, any parcel ID corrections will probably be done at a later date and are not sufficient to void a sale.
Re: Stop Foreclosure…HELP!!! - Posted by JT-IN
Posted by JT-IN on September 15, 2003 at 19:18:31:
Jay:
I’m not sure in your state what the incorrect Parcel ID will require to correct the process of foreclosure. It is dooubtful that this will require the Trustee to start all over again. It is fairly common for adminstrative errors to be corrected in a rather simple manner, as they do occur often. This may simply require re-advertisement of the sale with the correct PID…
In my area, all it would require is a motion to the court, “Nunc Pro Tunc”; (“now for then.”), to correct the record, and the suit/sale would move forward without a hitch… or be corrected post sale, if the sale had already occurred.
JT-IN
Re: All situations - Posted by Ed Copp
Posted by Ed Copp on September 15, 2003 at 19:07:19:
are not created equal.
There are some 2,400 counties in the United States. All seem to operate a little differently. From your post we do not have the slightest idea where you are. So it is impossible to give you an answer.