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THE FOLLOWING ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
Article by Hudson Cook
In the maelstrom of musical chairs characterizing most foreclosures, there has been a phenomenon that is not discussed very much. The Judgment of foreclosure has been entered but the parties agree to reinstatement (or possibly even modification) before the sale. Most courts seem to be saying that the foreclosure sale under those circumstances is void, although the Mississippi court described in the above referenced article did state that the purchaser at auction did have standing to challenge the reinstatement or more specifically to ratify his or her purchase of the property.
The ruling seems to make sense from the standpoint of the main parties to the litigation but it does pose problems for those who thought they purchased the property and went to some time and expense to make the purchase. On balance the courts seem to lean heavily in the direction of home retention under these circumstances.
This is just one of a myriad of examples where a pro se litigant might miss an opportunity for home retention. It is quite common for homeowners to receive such offers after judgment and before sale. And it is also getting increasingly common where some settlement is reached for reinstatement and modification. But the question remains as to whether the new arrangement is binding or valid if the offer is from a servicer for a trust that does not own the debt, note or mortgage.
This is to be distinguished from situations where the homeowner attacks the judgment or the wrongful foreclosure based upon fraud like a void assignment or some other element. Courts are much less inclined to vacate their own judgment based upon such allegations, although we have seen instances where they have done so.