Legal Question in Real Estate Law in Georgia

I am a resident of Georgia, have a Bank of America mortgage. I have been working with them to modify the loan. I was told by the customer service supervisor that the foreclosure was stopped, but it was not. They are now in the process of eviction, do I have a case for illegal foreclosure? When going to magistrate court on March 19th, will I have any recourse? Or will I be required to leave within 7 days?


Asked on 3/11/13, 5:41 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

The same response as before. There is no "illegal foreclosure" because a low level customer service rep told you it would be stopped. The Bank ha lawyers handling the case and they should have been contacted to provide written notice it was cancelled. Otherwise, you would have had to file a bankruptcy case to stop it, at least temporarily. It is the new owner of the house who has the "recourse" to seek eviction from their house. The Judge there likely won't hear about the foreclosure, and in the overwhelming majority of cases they enter a writ of possession. You may be wise to spend your time on finding a new home. That said, we only know what you posted. You can always see a lawyer to review the whole situation, but remember time is running to get out. Make sure it is a reputable lawyer, not someone who promises to review or audit for a fee (you probably got several letters from those people).

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Answered on 3/11/13, 5:51 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The response is the same as you got yesterday with the identical question (which means you completely ignored the urgent advice to SEE A LAWYER THIS MORNING). Here is the answer you got yesterday (please get off line and head to a lawyers office NOW):

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Banks lie all the time, and you should have seen a lawyer the first moment you heard the word "foreclosure." Bank of America is by far the worst of the banks - completely sleazy in the modification process and that is why they have paid out billions in settlements. Sadly, by waiting you may have lost your home and your rights when it could have been saved.

Nonetheless, see a lawyer IMMEDIATELY (that means Monday morning, not soon!) to be sure. If you have any rights, you could lose them. This is important. Don't miss what could be a possible (although not certain) last chance.

As a lesson to others - when a bank does not cancel (in writing) a foreclosure date while considering a modification, it is behaving badly. It is lying to you. It's common sense. Why would a bank try to foreclose and modify at the same time?

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Answered on 3/11/13, 7:00 am


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