Legal Question in Real Estate Law in Kansas

Just got served with Praecipe for Order of Sale Order in the mail yesterday. (obviously a foreclosure) The plaintiff is listed as Bank of America but my loan was sold to SLS (specialized loan service) a few months ago. According to the public access case notes in June the assignment of judgement was filed by plaintiff attorney to be transferred to US Bank National Association Trustee. I am trying to get everything together to apply to harp and am real close to getting everything needed. Can Bank of America hold a sheriffs sale if they don't service the loan since they sold to SLS? Is SLS just Bank of America in disguise?


Asked on 8/07/14, 2:01 pm

1 Answer from Attorneys
Anthony Smith LawSmith

A sale might be held, but you will have an opportunity to prevent the Judge from approving the Sale, if you act in time. Your attorney (hopefully you are still doing this on your own) may be able to file for injunctive relief prior to the Sale date, but certainly before it is approved. (Most time the plaintiff is the high bidder) so that title will not pass. As you probalby know by now, allowing the Order of Sale to be issued means you may not be able to get HARP or other help without the Plaintiff's permission.

Good luck

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Answered on 8/20/14, 11:29 am


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