I can't believe it is still happening. Just the other day, a new client came to us for help because his home was sold at a foreclosure sale, despite his mortgage company having told him that his loan modification had been approved. During the modification process, he asked bank representatives several times whether he should be concerned about the impending foreclosure sale. They told him that he would not have to worry about the sale because his loan modification was approved.
Weeks later, he discovered a notice on his front door explaining his rights about leaving the property. The property was sold at the foreclosure sale to the bank, which I think is truly unbelievable and unconscionable. Of course, we are preparing a motion to set aside the judgment based in part on an estoppel theory, meaning the bank should be prevented from having foreclosed because our client had relied on representations made by the bank.
You can't trust anyone these days, especially the banks. When it comes to safeguarding your home, you may not want to face the lender alone. Speak to an experienced foreclosure defense attorney and get everything in writing.