Can the bank sell my house without me knowing?

UPDATED: Oct 1, 2022

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Can the bank sell my house without me knowing?

My ex-partner went bankrupt I did not we ad a house together in joint names I as guarantor on the loan but it was in is name only. The bank has sold the house without my knowledge. Can they do


Asked on April 12, 2019 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the house was in his name only, it was not, we are sorry to say, your house: you were not an owner and had no legal right to or interest in it. It was not your house. Guarantying a loan does not make you an owner or give you any rights to the property--all it does is make you responsible for paying the loan if the primary borrower fails to do so. So yes, the bank can do this, because they do not owe notice to a non-owner of a house.
If you were on the title or deed, that would be different: then it would be your house, too, and they could not foreclose without giving you notice and a chance to other pay off the loan or have your day in court. If you were on the title, you should be able to get the sale set aside or at least get a substantial amount of monetary compensation; so if you were on the title, consult with an attorney about legal action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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