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GMAC foreclose the house without owner's consent

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    GMAC foreclose the house without owner's consent

    My brother-in-law was out of their house because GMAC issue a foreclosure without their consent and I do not think they undergo the California foreclosure process, is this legal? Thanks in advanced..
    File BK7: Jan 4, 2010
    Reschedule 341: Mar 16 2010
    Discharged: Apr 22 2010
    Closed: May 6, 2010

    #2
    What do you mean "without the owner's consent?" The bank doesn't need the owner's permission to foreclose. Can you give more details? I don't think anyone can tell you if what they did is legal without knowing what they did.

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      #3
      If one does not make payments on their mortgage, the bank can foreclose - it does not need any permission to do that as the borrower is in default, not the bank. A contract was signed indicating what occurs if payments are not made on the mortgage and signed by both parties. You will need to list further information about this matter.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

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        #4
        Remember folks it's not your house until you pay it all off. So yes a bank can foreclose without your permission.
        Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

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          #5
          Agree, what's being said here but at least have the homeowner undergo the normal foreclosure process i.e. loan mods, NOD, NOI...
          File BK7: Jan 4, 2010
          Reschedule 341: Mar 16 2010
          Discharged: Apr 22 2010
          Closed: May 6, 2010

          Comment


            #6
            Originally posted by nc73 View Post
            Remember folks it's not your house until you pay it all off. So yes a bank can foreclose without your permission.
            Even then it's not yours. Property taxes last forever!

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