Consumer complaint received 2025-05-11 00:00:00
Product: Mortgage — VA mortgage
Issue: Trouble during payment process — Trying to communicate with the company to fix an issue while managing or servicing your loan
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA

Complaint narrative:
We know that Georgia, which is a non-judicial foreclosure state, the lender can foreclose on a property without going to court. However, there are specific legal requirements for notification that must be followed. 
Regarding your foreclosure on XX/XX/year> We are wondering whether a foreclosure can be done without notifying all XXXX heirs.So what is the answer to this question, especially if these heirs have a legal interest in our property also. Here 's why I have this question There is something called * Due Process : The fundamental principle of due process requires that all parties with a vested interest in a legal proceeding be given notice and an opportunity to be heard. In the context of a foreclosure, this includes individuals who have inherited an interest in the property.Or invested in our property.

* Legal Standing : Heirs to a property generally have a legal interest in that property, even if their names are not yet on the title. They have rights related to the property 's disposition and any equity it may hold. 
* Notification Requirements in Georgia : While Georgia 's foreclosure process is non-judicial, lenders still have strict notification duties. They are required to send a notice of intent to foreclose to the borrower ( or their legal representatives ) at least 30 days before the foreclosure sale. Additionally, they must publish notice of the foreclosure in the county 's official legal newspaper for four consecutive weeks prior to the sale.

* So therefore Heirs as Interested Parties : When the original property owner has maybe lost their portion, the heirs become the parties with an interest in the property. Failing to notify them could be seen as a
violation of their due process rights and could potentially invalidate the foreclosure.

* Probate and Estate Administration : If the property is part of an estate going through probate, the executor or administrator of the estate would typically need to be notified. In some cases, the lender might even be required to notify the probate court. 
* Risk to the Buyer : If a property is foreclosed upon and sold without proper notification to all legal heirs, the sale could be challenged in court. This could lead to the buyer losing the property despite a good-faith purchase.We are the initial owners of the property and we may have lost our portion of the property but what about the 99 Heirs attached to Our Property.

In summary, while the exact legal procedures can be complex and depend on the specifics of the situation ( e.g., whether a probate has been opened, the nature of the heirs ' legal interest ), it is highly unlikely that a foreclosure in Georgia could be legally carried out without making a reasonable effort to notify all known parties with a legal interest in the property, which would include the Heirs.So We Trust G-D that you will have the answer to Our Question. 
To get a definitive answer for our specific situation, it is strongly recommended that we are able to get the answers through at least One of the estate attorney in Georgia who specializes in foreclosure and probate law. They can assess the specifics of our case and the advise of our Lawyer on the legal requirements for notification in this situation.We are Truly working on the issues that have not been answered in our XXXX  Request.

In God We Trust Psalm 91

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation