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  1. #1

    Question Public Notices Of Foreclosure After Catching Up Payments

    Yesterday, my husband was informed by a friend that our house is being foreclosed on! The information about our home was in the local news paper. We had no idea, because no legal notices had been sent out prior to the public notice that was put into the newspaper.

    I have been attending college full time since May of this year. My husband has been working 2-3 jobs so that I am able to do this. I took 8 classes this semester in order to be able to graduate next semester. We sent our payment for our house payment in Sept & Oct. Now, this is where it becomes a little confusing. Because of the fact that we decided to take insurance out with our mortgage company, our statements now show that we owe 700.00 + for escrow. We only kept the insurance with them for 2 months. We decided to go back to our old insurance co. after we received the new policy from the mortgage company. After reviewing the policy, I noticed that none of the contents were included in the coverage and the premium was 3x's higher than our old premium - (the only reason that we had considered this in the first place, was to cut monthly cost down...).
    Therefore, we went back to our old insurance company in August. The insurance company forwarded the information to the mortgage company.
    We received verification that they had received it.

    I sent our regular payment in Sept and Oct. When I go to make Novembers payment via telephone, the mortgage company informs me that they have not received payment for Sept & Oct!!!!!
    I verify with the bank that the checks have been cashed by the mortgage company. I call the mortgage company to inform them of this. Now, this is where the mortgage company tells us that we owe 700.00+ for escrow for the 2 months of insurance that we had with them. The representative then tells me that they have 2 amounts that were sent in those months, but because each payment was $64 short (for the repayment of escrow) that our account shows that we are nearly 3 months behind! I ask them what amount that I need to send to make the payments current. The representative tells me. I send the amount via bank wire, so they will receive it that day.
    Then the foreclosure notice comes out in the newspaper!!!

    In response to the "public notice", I contacted the mortgage company, the law firm representing the mortgage company for the foreclosure that was named in the paper, the register of deeds office...and so forth.
    The mortgage company tells me that our payments are current. The law firms says that the foreclosure has been stopped. I contact the register of deeds office to make sure that the foreclosure is stopped, which they said they were never contacted about the foreclosure--(she stated nothing had changed with our deed since we purchased our home). I also ask them about not running the "public notice" in the newspaper. This is where she informs me that it was not their office, but the law firms office that had ran the public notice in the news paper...and they usually run from 3-5 weeks!

    This is where my question comes in...
    I contacted the law firm to ask them about the "public notice"...I got the voice mail. I left a message regarding whom I had spoken to before...the reason for my contact information...etc. That was this morning, and no one has returned my call.

    If the notice runs in the news paper next week...legally is there anything that I can do? If my payments are current...and there is no foreclosure proceedings taking place....would this would be a form of slander against us?
    Any information and advice that can be given would be greatly appreciated. I just want to be prepared for what I can do in order to protect our name and good standing in our community.

    Thank you

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Public Notices Of Foreclosure After Catching Up Payments

    Your economic damages from this notice being run are what? (No damages, no case.)

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