My house has gone to a foreclosure sale, can I remain in the home? The short answer is yes–but it is very difficult to remain in the house after a foreclosure sale long term. If you put forward a good defense when you go to court however, you may be able stay in your home. Getting a foreclosure sale set aside in Tennessee is not easy to do. I have helped homeowners get the foreclosure sales on their houses vacated allowing them to stay in the home. Homeowners often call and describe how they have tried and failed to “work it out” with the bank. Homeowners are under the mistaken belief that the bank will stop the foreclosure just because the homeowner has engaged them. This isn’t true.
Even if there is a known error with your loan, loan modification, or the payment amount and the bank has promised to work with you –they often do not. Their position is that you didn’t pay and they have the right to foreclose– even if their position is far from the truth. Once the home has been subjected to a foreclosure sale, it is technically owned by the person who purchased it at a foreclosure auction. The party who purchased the home at the foreclosure auction then files a Tennessee detainer warrant to get possession of the house. The detainer warrant will ask the court to instruct the homeowner or current occupant of the house to come to court so they can try to evict them. Any homeowner that has faced a foreclosure will need to raise the proper legal issues and defenses to the sale at that court appearance. If these defenses are not raised, they may be waived and your ability to bring them later may be lost forever.
Make sure you have all of your documents in order and contact my office for a consultation.
2) Deed of Trust
3) Complete Escrow / Closing package
4 ) Recorded Documents: (Recorded, Mailed, Posted, Advertised)
5) Assignment to the Deed of Trust
6) Default Notices
7) Substitutions of Trustee
8) Notices of Trustee’s Sale
9) Detainer warrant
10) Prior Servicer Communication
11) Monthly statements
12) Missed-payment related documents
13) Responses from any attempted communications
14) Loan modification documents
Although fighting a foreclosure after it has already happened is an not ideal scenario, it is not impossible. Call or email me for an appointment today.