Can a lender legaly take my home if they have skipped a step in the foreclosure process?

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Can a lender legaly take my home if they have skipped a step in the foreclosure process?

According to my state’s law, my lender was supposed to notify me both by mail and by phone of a mediation option wherein the lender and myself meet face-to-face with a mediator and discuss options to save my home. The lender did not notify me of this by either phone or mail.

Asked on March 19, 2012 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Whether or not the lender with respect to your mortgage (trust deed) on your home has complied with the foreclosure process with respect to your home, you need to carefully read the mortgage that you have and consult with an experienced real estate attorney as to what notice you have received to date.

If the lender has not complied with statutory requirements to foreclose upon your home, then most likely a missed step in the foreclosure process will invalidate the foreclosure process with respect to your home.


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