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Is it legal for a mortgage company to foreclose without sending the owner registered mail stating their intent

My son's mortgage company is Ameriquest and he just got a certified letter from an attorney saying his house had been sold at a trustee's sale on October 11...He had not been notified by registered mail. and the county where his house is did not hold a trustee's sale on that date. The county recorder's office told us there had been nothing filed with them and for it to be legal, any kind of trustee's sale must be filed with them, and it must be published in the county where the property is located. My son even has receipts for payments and he hasn't missed a payment yet. Can someone please help??

Update:

more details: The letter he got from this attorney says he has until the 25th of October to get out...Oh and we live in Arizona too. If someone has any ideas of someone to contact, please email me at skyecrystal@yahoo.com

8 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    That makes no sense. Trust me, if your son hasn't been paying the mortgage payment, he would have known. Something doesn't seem right and no lender will go through the trouble and expense to foreclose on a loan that is being paid upon. Could it be that your son bought the house using a wrap around mortgage or with someone else on the mortgage? For example, he pays someone and that person pays the mortgage company. The guy stops paying the mortgage while still collecting money from your son while the bank forecloses.

    Also, another possibility is that your son is in denial of being foreclosed on. I knock on so many doors and some of the responses I get are from people who act like they don't know what I'm talking about or say it's being taken cared of.

    At this point, even I would get a lawyer.

    Regards

    Source(s): Satar Naghshineh satarnag@amirifinancial.com California Licensed Real Estate Broker and Investor
  • 1 decade ago

    Depending on the state they will wait anywhere from 1-6 months for the payment to be past due. The mortgage company will then send a foreclosure notice to their attorney and the attorney will send out several letters of intent to foreclose. The foreclosure does have to be filed with the trustee in county where your son lives and they will publish the foreclosure notice in the local paper. If the trustee does not have anything on file he need to call Ameriquest and try to contact the attorney from the info on the letter. Sounds a little fishy to me though. Good luck.

  • 1 decade ago

    If he hasn't missed a payment then I would suggest he hire a lawyer as the mortgage company clearly doesn't have the rights to sell the property. Are you sure that they sold the property and not the loan?

    In most states, however, mortgage companies do not have to provide notice of their intent to foreclose and some can do so after only one missed payment.

  • 1 decade ago

    Contact the Arizona Bar Association to determine if the "attorney" that sent the letter even exists. Then let them know what is happening here.

    Here's the contact info:

    STATE BAR OF ARIZONA

    4201 N. 24th Street, Suite 200

    Phoenix, Arizona 85016-6288

    Phone: 602-252-4804

    1-866-48-AZBAR (toll-free outside Maricopa County)

    Fax: 602-271-4930

    Good luck.

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  • Anonymous
    1 decade ago

    Time for him to get a real lawyer.

    The mortgage company may not need to send info to him about the sale but.

    It must do a sale within the laws of your state in the manner stated, which are feeble generally.

    Get a lawyer for him, record on tape any calls to bank or bank lawyer and do everthing possible in writting.

    Good luck

    Source(s): foreclosure server
  • 1 decade ago

    It sounds to me like this may be a scam. Check out any phone numbers and addresses on the "certified letter". It may not be legit and they may be hoping he'll call and give up personal information.

  • Anonymous
    5 years ago

    you're wonderful, they could deliver you an authorized letter to enable you comprehend which you're in foreclosures. once you're in Southern California, touch me and that i visit confirm what i will try this may assist you out freed from charge. Regards

  • 1 decade ago

    before it gets that far, they will have send you many notices, so dont plat ignorance

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