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My Loan Modification was Denied, Then the Bank Foreclosed: How Can That Happen

Our office has heard from homeowners all across the country whose temporary loan modification was denied by a bank, followed by a threat to foreclose.  A Texas homeowner discovered that her house had actually been foreclosed on after her temporary loan modification was denied, but she didn't have a chance to go to court first.  She wants to know how that could happen to her.

The answer to her question most likely can be found by understanding the difference between a judicial and a non-judicial foreclosure state.

In a judicial foreclosure state, generally a bank must first go to court before being able to foreclose; so, a homeowner has a chance to be heard in a court of law.  In a non-judicial foreclosure state, though, the bank doesn't have to go to court first. Instead, a trustee conducts an auction at a designated location. But, there are usually very specific notice requirements that must be met before the trustee can hold the sale.

In this Texas homeowner's situation, she may not have received the proper notifications before the foreclosure auction took place and since the bank didn't have to go to court first, this may explain why the foreclosure happened without her knowing about it.


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