If this is indeed the case you have grounds to stop the sale but will need an attorney to do so.
The sale date is very soon, which means this problem has been around for some time. Were you not aware, or have you been avoiding it?
In any event, most people hesitate to hire an attorney because of cost or whatever. In this case, a very reasonable legal fee could result in your house being saved, plus possible damages against the title company if it’s their fault.
But act TODAY.
FYI, I’m not an attorney. I was once in a similar position and fought my way out in court.
My home is scheduled to be sold at a public auction on December 26, 2003 due to an error that the title companies have made. A second mortgage in the previous owners name was never paid and is still open listing this property as collateral. What if any advice do you have?
Posted by JohnP SFL on December 03, 2003 at 07:08:07:
Karyl,
Wouldn’t your title insurance policy cover this? I would speak with the title company that you closed with. I would also get an attorney as John has suggested.