Bought house... get Notice of Auction

[WHAMPOM]

Better check out the paper work. We have heard of enough cases of the house at 502 Oak St. getting condemned and the house at 503 getting torn down.

 

[monkeydelmagico]

Jeez, you can tell by the posts that nobody in here has much experience with foreclosures. Properties being submitted for sheriff sale and notices being posted doesn't have much bearing on actual ownership. There are instances where old bank loans are properly discharged but the stupid banks just keep on trying to foreclose and collect.

Whomever did your closing should be able to fax a copy of the new deed/title over to the sheriff's office if you want some peace of mind. Someone at the courthouse does a property "rundown" before the auction as well. If the deed or title is not registered to the persons or entities being named in the sale it's a no go.

 

[Thump553]

Jeez, you can tell by the posts that nobody in here has much experience with foreclosures. Properties being submitted for sheriff sale and notices being posted doesn't have much bearing on actual ownership. There are instances where old bank loans are properly discharged but the stupid banks just keep on trying to foreclose and collect.

Whomever did your closing should be able to fax a copy of the new deed/title over to the sheriff's office if you want some peace of mind. Someone at the courthouse does a property "rundown" before the auction as well. If the deed or title is not registered to the persons or entities being named in the sale it's a no go.

You are showing lack of knowledge-or more precisely, you are assuming that foreclosure procedure you know about is the same procedure followed in OP's state. VERY BAD ASSUMPTION.

I've practice law in two states, been involved in foreclosures in both. Both states have very different procedures and neither follows the procedures you outlined. If a lawyer gave that "advice" they would be looking at a substantial malpractice claim.

I've said it before, but it bears repeating-OP ignore this entire thread and get a competent local attorney NOW.

 

[FerrelGeek]

Actually Caveman had no clue!! The people you worked with to get all the paperwork signed are the ones on the hook! You did nothing wrong!!

Yep. That's what you're paying the title company, and the title insurance for.

 

[zinfamous]

Yeah, almost as bad as dealing with those shady Jews or blacks.

/s

Tell you what--you help me out by going after those guys and telling them that they shouldn't have tried to commit fraud regarding my security deposit and signed agreements, management that made spurious claims just to incite further spurious complaints.

14 years of flawless tenancy, sputtered with 2 or 3 outlier cases of shady landlords. It's not like I was an island of a tenant having to deal with some unique bullshit in the county where I lived.

I do think that you're generally dealing with shitty individuals being shitty individuals, but when you are in places that are strongly influenced by highly insular-communities, especially recent-immigrants from countries that encourage scamming and generally illegal practices, such stereotypes are impossible to ignore. It's not a nationality or race thing: it's an issue of strong culture influencing certain types of behavior.

Which is why I'm not talking about 2nd+ gen people. I'm talking straight off the boat individuals that tend to expect to be bribed and are incredulous when you point out that they are violating multiple codes.

 

[TheGardener]

...when you are in places that are strongly influenced by highly insular-communities, especially recent-immigrants from countries that encourage scamming and generally illegal practices, such stereotypes are impossible to ignore. It's not a nationality or race thing: it's an issue of strong culture influencing certain types of behavior.

Trump supporter?

 

[Dr. Zaus]

Ironic Racism

/s

Let's talk about this without racism: Ethnic groups, of any kind, are evolutionary like extended tribal groups. They tend to work in each other's favor. It is usually transparent to the members of that ethnic group, but obvious to everyone else. In the US, since WASPs are the majority, this gets lumped in with the rest of White Privilege. But ethnic groups of all kinds have this social-psychological tendency. Now add to that the ethnic load that people immigrate with and you've got a recipe for a pattern of behaviors.

It's not racist to point this out; it's racist to assume it is a driving motivator for people without getting to know them.

 

[piasabird]

I would contact the bank or location that gave you the loan. Then I would find a lawyer. Even if you got out of the loan and had your deposit returned, you would still lose everything you paid for inspections or any repairs. Then there is the cost associated with moving all your furniture.

 

[zinfamous]

Trump supporter?

lolno. What is racist/drumpfian in pointing out that populations from former/current communist nations have a much larger tendency towards small/large forms of corruption because that is simply how things operate in those systems?

This has nothing to do with race or xenophobia--it is an acknowledgement that acquired behaviors gained within corrupt systems, imported to more regulated, law-based systems, receive strongly negative reactions from the local community and legal system.

These type of imported social norms are more strongly seen where such communities congregate in stronger numbers, and therefore remain highly insular--there is a communal shared history of social norm that tends to survive well enough without a daily need to assimilate. Of course those kind of practices will conflict with the local customs and laws when the two interact.

 

[DrPizza]

I would contact the bank or location that gave you the loan. Then I would find a lawyer. Even if you got out of the loan and had your deposit returned, you would still lose everything you paid for inspections or any repairs. Then there is the cost associated with moving all your furniture.

He may have some recourse if he sues the real estate agency that he purchased the property from.

 

[TheGardener]

I don't think that the US Census breaks out demographics by WASP. Not sure if it is a derogatory word or not, but it use to refer only to Anglo-Saxon Protestants. The people for example who came over on the Mayflower. It was applied to those who attended Ivy League schools and the social elite, who were listed in social registers. It did not include white Germans, Italians, East European nor Irish. Perhaps in the 21st century the definition has changed, but I wouldn't refer to myself as a WASP.

If you don't want to talk about race here, why do you pontificate so much about it?

 

[Newbian]

Respond to the auction notice explaining you are a sovereign citizen and the laws of a country do not apply to the person whos name you have.

 

[zinfamous]

I don't think that the US Census breaks out demographics by WASP. Not sure if it is a derogatory word or not, but it use to refer only to Anglo-Saxon Protestants. The people for example who came over on the Mayflower. It was applied to those who attended Ivy League schools and the social elite, who were listed in social registers. It did not include white Germans, Italians, East European nor Irish. Perhaps in the 21st century the definition has changed, but I wouldn't refer to myself as a WASP.

If you don't want to talk about race here, why do you pontificate so much about it?

afaik, WASP still means exactly that, but you're probably right that it is no longer the majority, when you include all others (including whites like Germans, Irish, Eastern European descent, etc).

I don't think it was ever meant as derogatory, but was commonly used to denote this difference in origin; or as a quick reference to the "old" or the "established American" class, or whatever you want to call it.

but again, Dixiecrat and I aren't saying this is about race--this is about cultures that import strong cultural practices that can, and often do, conflict with local norms and laws.

This certainly gets tied and lumped into race--it can be easier to do so, sure--but it isn't always about race.

 

[DaTT]

Please keep us updated as I am very interested as to how this plays out in the end.

 

[MrDudeMan]

that sucks. good luck. i'm going to check back to see if this hopefully goes your way.

 

[Eli]

Update 6-7:

Contacted our business attorney, who does happen to have some real estate experience. He referred us to a Real Estate attorney friend of his. They said that as long as we went through the normal process of escrow and title insurance, there shouldn't be a whole lot to worry about. He said that he was too busy to deal with this in the time frame needed, but that our regular attorney should be able to handle it without any problems. Sent him all of our paperwork etc.

Went to the Sheriff's Office. The Writ of Execution was dated January 5th 2016, so there is really no reason this shouldn't have been caught by the time we were going through the process in March. Total Judgement: $292,370.29.

The Sherriff's office took a copy of our Warranty Deed and told us to contact the attorney presiding over the auction stuff.

Contacted him. He was a complete jerk, totally uncooperative and was really no help at all.

Got a call from the Title Company assuring us not to worry and that everything would be OK. Got a call from Real Estate Agent saying they told the title company to call and reassure us that everything would be OK. LOL, so, we'll see how much water that assurance holds.

So, that's where we are. Everything appears under control... for today.

I wonder if the attorney presiding over the auction is pissed because he's not going to get paid now?

 

[JEDIYoda]

Update 6-7:

Contacted our business attorney, who does happen to have some real estate experience. He referred us to a Real Estate attorney friend of his. They said that as long as we went through the normal process of escrow and title insurance, there shouldn't be a whole lot to worry about. He said that he was too busy to deal with this in the time frame needed, but that our regular attorney should be able to handle it without any problems. Sent him all of our paperwork etc.

Went to the Sheriff's Office. The Writ of Execution was dated January 5th 2016, so there is really no reason this shouldn't have been caught by the time we were going through the process in March. Total Judgement: $292,370.29.

The Sherriff's office took a copy of our Warranty Deed and told us to contact the attorney presiding over the auction stuff.

Contacted him. He was a complete jerk, totally uncooperative and was really no help at all.

Got a call from the Title Company assuring us not to worry and that everything would be OK. Got a call from Real Estate Agent saying they told the title company to call and reassure us that everything would be OK. LOL, so, we'll see how much water that assurance holds.

So, that's where we are. Everything appears under control... for today.

I wonder if the attorney presiding over the auction is pissed because he's not going to get paid now?

I am happy for you!! But more important I bet the wife is relieved!

 

[Red Squirrel]

That sounds like a super crappy situation. So what happens if it goes through do you lose everything, or do you get the money from the sale? I imagine whoever is actually auctioning it gets the money and you're screwed... probably still have to keep paying the mortgage too. Basically someone is double dipping from this and will get twice the value of the house.

But hopefully it can get straightened out. Reminds me of ID theft horror stories where people can basically take over your house without you even knowing and they legally own it, and then sell it from under you and you basically get an eviction notice.

 

[Carson Dyle]

Apart from learning the dollar amount, it sounds like you know little more than you did before contacting three lawyers, the sheriff, the title company and the real estate agent.

 

[Eli]

I am happy for you!! But more important I bet the wife is relieved!

Yeah, she's been stressing.

I don't think this is over yet, so we'll see, but I'll admit the reassurance is nice.

Apart from learning the dollar amount, it sounds like you know little more than you did before contacting three lawyers, the sheriff, the title company and the real estate agent.

Yep, don't really know anything more. Just getting the wheels going. We sent over everything our attorney requested, so now he'll do attorney stuff I guess.

I forgot to mention that the Title Company's attorney is on the case too; we may not even end up needing our attorney... according to them.

 

[sdifox]

That sounds like a super crappy situation. So what happens if it goes through do you lose everything, or do you get the money from the sale? I imagine whoever is actually auctioning it gets the money and you're screwed... probably still have to keep paying the mortgage too. Basically someone is double dipping from this and will get twice the value of the house.

But hopefully it can get straightened out. Reminds me of ID theft horror stories where people can basically take over your house without you even knowing and they legally own it, and then sell it from under you and you basically get an eviction notice.

Insurance pays off county.

 

[Carson Dyle]

I'll bet the look on your face was a little like that of this poor guy.

 

[Ns1]

I'll bet the look on your face was a little like that of this poor guy.

wow, that pic is amazing.

 

[Eli]

I'll bet the look on your face was a little like that of this poor guy.

I think that was more like the look on my tenant's face. A week after moving in no less. Ugh. I felt sooooo bad to have unwittingly caused such anxiety.

 

[Imp]

Our real estate agent is a good family friend with 25yrs experience. It was by all accounts a perfect textbook case of buying a property.

I'm all for it being a learning experience if that's what it is, but I don't think I did anything wrong here?

Well, depends on if you hired any obvious idiots or not...

For example, I know geniuses who hired a guy to install a fence who couldn't speak English and his only "employee" was his ~16 year old son. They arrived and used an auger that was a pristine, clean white color. And this was to install a type of fence that no other company, apparently, would install. As per the owner's request, they dug right on/beside the painted line marking a utility.

So, the guy's son ends up nicking a gas main that took the next 10 hours for the gas company dude to repair in a 4' deep hole in rain. Gas co and fire department said the fence people never should have dug that deep...