Cite your source...

Posted by Keith(CA) on October 30, 2004 at 04:58:47:

In Reply to: Question about state foreclosure law posted by charlotte on October 28, 2004 at 09:05:39:

: My state's foreclosure laws require that the foreclosure notice be served. Mail is not adequate. If borrower cannot be found, notice must be posted in conspicuous spot on mortgaged premises and served on any occupant.

: That is the exact wording. What happens if they did mail it and I was not served? Do I have any recourse? I went to the courthouse and looked at the actual judgment and it claims that there were several attempts to serve in person. The listed dates and times and I know that at least for some of those, I was most likely here. But regardless, the law states that it cannot be mailed. Can I use this in any way--for instance, to stall the sale date? Does anyone know?

Please cite your source for that information... everything I turn up says that notice only need be mailed to the last known address (none of those sites actually cite the Texas statutes). I assume that this is a standard non-judicial foreclosure (deed of trust)?

If it is as you say you may be able to appear before a judge and have THIS foreclosure action stopped. Should there have been an error, you can bet the lender will immediately correct it and begin again. The only thing I do know about Texas foreclosures is that they are FAST.

Follow Ups:

• Re: Cite your source... - charlotte 07:41:11 10/30/04 (2)
  • D'oh! Sorry. - Keith(CA) 09:43:10 10/31/04 (0)
  • Re: Cite your source... - Jim V 12:15:42 10/30/04 (0)

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: : My state's foreclosure laws require that the foreclosure notice be served. Mail is not adequate.  If borrower cannot be found, notice must be posted in conspicuous spot on mortgaged premises and served on any occupant.  

: : That is the exact wording.  What happens if they did mail it and I was not served?  Do I have any recourse?  I went to the courthouse and looked at the actual judgment and it claims that there were several attempts to serve in person.  The listed dates and times and I know that at least for some of those, I was most likely here.  But regardless, the law states that it cannot be mailed.  Can I use this in any way--for instance, to stall the sale date?  Does anyone know?  

: Please cite your source for that information... everything I turn up says that notice only need be mailed to the last known address (none of those sites actually cite the Texas statutes).  I assume that this is a standard non-judicial foreclosure (deed of trust)?

: If it is as you say you may be able to appear before a judge and have THIS foreclosure action stopped.  Should there have been an error, you can bet the lender will immediately correct it and begin again.  The only thing I do know about Texas foreclosures is that they are FAST.


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