If the sale is postponed past the deadline, the trustee would have to start over to record a new notice of trustee's sale, said Steven W. Bender, a Seattle University law professor who specializes in real estate law. State law dictates that the sale be held on a Friday. Emails requesting a comment about the proceedings sent by the Kitsap Sun to a Kitsap Mall spokesperson; the receiver appointed by the court to manage the mall, Greg Maloney of Jones Lang LaSalle; and the mortgage servicer of the deed of trust, CW Capital; went unanswered.
More: Kitsap Mall scheduled for foreclosure auction. A foreclosure sale can be postponed for several reasons, Bender said. In one case, the borrower of the loan may be negotiating with potential buyers and trying to sell the mall to recoup more of its investment than what it might get in a forced foreclosure sale, he said.
Or, the lender of the loan may be waiting for negotiations with existing or new tenants of the mall. If the trustee's deed is recorded in the county in which the trust property is located within fifteen business days after the date of the sale, the trustee's sale is deemed perfected at the appointed date and time of the trustee's sale.
If the highest price bid at a completed sale is less than the amount of that bidder's deposit, the amount of the deposit in excess of the bid price shall be refunded by the trustee at the time of delivery of the trustee's deed.
The person conducting the sale may postpone or continue the sale from time to time or change the place of the sale to any other location authorized pursuant to this chapter by giving notice of the new date, time and place by public declaration at the time and place last appointed for the sale. Any new sale date shall be a fixed date within ninety calendar days of the date of the declaration. After a sale has been postponed or continued, the trustee, on request, shall make available the date and time of the next scheduled sale and, if the location of the sale has been changed, the new location of the sale until the sale has been conducted or canceled and providing this information shall be without obligation or liability for the accuracy or completeness of the information.
No other notice of the postponed, continued or relocated sale is required except as provided in subsection C of this section.
He has a Bachelor of Science, majoring in English, a diploma in linguistics and a special interest in finance, science, languages and travel. He is the owner of LanguageVox. By Andrew Latham. Related Articles. Contact a bankruptcy attorney for advice on options. Remember that a bankruptcy will not stop the foreclosure--it will only postpone it to give you time to rearrange your finances. A bankruptcy has serious credit and and legal consequences. The best way to know what option is viable for your life situation is to consult with an experienced law firm with a previous track record of helping families save their home from foreclosure.
Call us at There are options you can take to postpone foreclosure date. Homeowners can postpone their sale date multiple times. There are even some steps to stop a foreclosure sale date but the best tactic is to let the expert help you, hire a foreclosures attorney. This is a logical step to getting your sale date postponed.
Call your mortgage company and ask them to postpone the sale date. Then make sure to keep in touch with them so the lines of communication remain open.
Many mortgage companies have websites that include assistance pages for those facing foreclosure.
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