HELP! I wasn't notified of the sale of my home!

[ChristinaM]

On April 30th we received a letter that the mortgage company wanted to me to send in my bank statements for a work around on my mortgage. I sent in this stuff. I called back as the letter stated give them 5 business days. I gave them 8 and I called. They told me they sold my house! I did receive a foreclosure letter about two weeks ago, but they didn't send me anything stating that my house was going to be sold and when. Don't they have to notify me???? I called yesterday and was going to pay ALL of my behind payments, next month's payment which isn't due for 10 days and I was going to set up automatic withdrawal from here on out so I would never have to worry about this again. They told me they sold my house 2 days ago and I have to pay the entire redemption amount to get it back. I didn't see anything in the paper, but even if they did publish somewhere, don't they have to send ME notice or tape something to my door!

What should I do? Do I have legal recourse to reverse the sale? Please advise!!!!!

[schwefls]

ChristinaM:

Welcome to our forum. I am so sorry to hear of this. Who is your lender? I am not to saavy on this topic. But, I did want to stop in say hello and welcome you. Shortly someone will be reaching out to you for some more details. In the interim please hang in there. I know it must be extremely difficult but we will do whatever we can here to provide you with the tools needed to fight this.

[ChristinaM]

Sorry my lender is Homecomings Financial: A GMAC Company. I don't know how to edit the first message because I wanted to add my lender there. I am also in Michigan if that helps. Thank you so much for help.

[Moe Bedard]

Christina,

Welcome to the forum and thank you for joining..............

In Michigan if they sell the house outside the courts system, which they can, they do not have to give you any notice.........
You do have a redemption period..............but at this point you really should hire an attorney to help you if they are giving you a hard time.........we are not attorneys and you might need one if they are giving you a hard time about your redemption rights...........

Michigan Foreclosure Law

[ChristinaM]

So there is no way for me to make them reverse the sale? What about the fact that they were sending me documentation asking me to submit for hardship and didn't respond back on April 30th 2008 and sold my house May 21 2008. I called to pay my past due amount in full on May 23 3008. I thought they were working with me and I call to pay everything off. I don't even want my loan modified! I just want it reinstated. There is nothing I can do??? Will bankruptcy even help me now? I didn't even have the right to put off the sale if I didn't know about it. I was just 2 days late! I am so afraid of getting scammed by everyone once I have been online and read the scams. What attorney can I trust now? Any recommendations????

[Moe Bedard]

You are in the redemption period right now and you can redeem the house.........they are giving what is called the cure figures.......but at this point it will include everything including their attorney fees and whatever costs were associated with selling the house.............
You can redeem the house and get it back..........

Here is a reputable site you can find an attorney in your area...........

National Association of Consumer Advocates – Consumer Protection Advocates and Attorneys

[ChristinaM]

Does this mean that bankruptcy wont even help me now?????

[Moe Bedard]

Christina,


You need to ask the attorney these questions.........you can do a free phone consult with a BK attorney and tell them what you are up against and they can advise you............
We are not attorneys and we can't advise you whether or not to file a bk and if this will or will not help...........
The BK attorneys specialize in this.......

You have a situation where your house has already sold at auction........this is beyond the scope of our expertise...........you really need an attorney for this........

[ChristinaM]

THIS IS THE LAW REGARDING PROCEDURES THAT MUST BE FOLLOWED IN MICHIGAN BEFORE THE SALE:

The Michigan's sale process requires the notice of sale to be published for four calender weeks in a county newspaper which circulates information about where property is located. In fifteen calender days located in the newspaper's publication, the notice must be posted on the property.
---------------------------------
bankruptcy won't help me now and no in Michigan they do not have to notify me, but they do have to put a notice on the property within 15 days of listing it in the newspaper. THIS WAS NOT DONE AT ALL! I don't even think they listed this in THIS county's newspaper. They have to by law list it in the same county of the property and they HAVE to post on the property before sale. None of this was done. I am going to the library tomorrow to check back issues of this counties paper to be sure. Even still, they broke MI law by not posting on the property and I will hire an attorney to fight the sale. I will let you know if this is successful, please pray for me!

[Moe Bedard]

Christina,

I do hope it all works out for you........

Please keep us posted on how it goes..........

[ChristinaM]

Christina,

You need to ask the attorney these questions.....


I didn't need an attorney. I spent the weekend crying and researching the law. They did break it.

We called our mortgage company on Tuesday (of course I found out right before a 3 day weekend) and asked to speak with their legal department. We explained that we were going to sue, that it wasn't an idle threat. We explained how they broke the law. They didn't do the sale legally because they didn't post it in the correct paper and they didn't post a copy of the sale on our door within 15 days of the ad being posted. (they didn't put the ad on our door ever) Most importantly, they started listing our house for sale in the wrong paper on 4-17-08. On April 28th they mailed a letter stating that they want to help us with a workout solution. On April 30th they mailed the same letter. We faxed in our financials and was waiting the 5 days they said to wait before we call them. When I called is when I found out they sold our house.

It was like they intentionally kept me busy with getting my financials while they sold the house out from underneath me....and in the letter telling me not to calll them....that was smooth....

Anyway when we explained we had the letters the fed ex receipt, the phone records showing we faxed that information and we were going to court...

THEY BEGGED US TO WAIT TO HIRE AN ATTORNEY WHILE THEY FIGURE IT OUT.

THEY REVERSED THE SALE AND TOMORROW ARE FAXING ME A DOCUMENT STATING THIS AT WHICH TIME I WILL BECOME CURRENT WITH MY MORTGAGE AND IT IS ALL BETTER!

Don't give up hope. Even if it's sold and you can find a way...don't let others tell you there is no hope...

[Moe Bedard]

Christina,

That is great that you were able to do this for yourself............

what I was saying is that we couldn't offer you that kind of advice because we are not attorneys.........we just were not able to assist you in that situation.........
There are certain things that we just can't advise on and your case was one............

I am glad that you got your house back..........

[ChristinaM]

***, I totally get that. You gave great advice. However, I don't want people to think that the sale means its over and you will only be given the option of buying it back. If you KNOW you can fix it by having the funds and you KNOW they broke the law try explaining that to their lawyers first. If they know they are going to lose, you will save yourself some money--and in my case it saved my house. All my lawyers were going to do is show them how they broke the law. I could understand that and explain it to them, I didn't need an attorney to tell them for me. I was armed with all my evidence, past court cases, and witnesses. I didn't need an attorney AT THAT POINT!

Now granted, if they would have said we are going to honor the sale and it didn't go my way, I would have hired an attorney IMMEDIATELY!

[schwefls]

ChristinaM:

You rock, OMG I am so happy for you I have followed your story and I am truly happy that you got back what is writefuly yours, YOUR HOME. Enjoy your weekend, and be real proud of yourself. KUDOS

[ChristinaM]

Hey, this still isn't over. I only have a verbal agreement at this point. Until the paper agreement is sent and I wire the funds, I am still holding my breath. They are only giving me until the 31st to wrap this up. Still pray for me guys. And truly your website helped me and for that I cannot say thank you enough. ***, thanks sooooo much for your help.