I have no idea what way is up, help!

[wrongfuleviction]

I stopped making my mortgage payment 05/2011 after begging the bank to work with me for 8 months. I had listed the property for just enough to cover everything and had no offers. Chase wouldn't consider a short sale unless we had an offer. A real estate agent wouldn't even entertain a short sale without Chase agreeing to it first. After having the property off the market for a few months they were willing to do a dead in lieu but only if the property had been listed for six months. I begged them to take the house more times than I can count and was always turned down. It finally went to sheriffs sale only to be contacted a few weeks later. They wanted to rescind the foreclosure itself. What???? I had a second mortgage at one time but, I paid it off years ago and they never recorded it as paid and failed to notify the second mortgage holder. I refused and didn't hear anything more. I have tried a few times to get the real estate company that posted the notice after the sheriffs sale to take possession of the property but they refuse.

I moved a few months ago and last week someone broke in and took a few items. I notified the real estate company who said they would secure the property last week. Finally were making progress WRONG, the next day they posted a notice for an eviction hearing on my door. I called the attorney listed on it and asked what they needed me to sign because I didn't want the house or the eviction. They said nothing and I didn't need to go to the hearing but, until after it I was still responsible for the house. They couldn't do anything without an order from a judge or they could get in trouble for wrongful eviction. I drove by yesterday and a truck and trailer were in the front yard, they were sent to "trash out" the house. I spoke with them they made a few phone calls and promptly left. Stating they couldn't be there. I did notice that the bank had changed the locks and put one of those cute keyboxes on the front door. Today I get called because another unknown vehicle is in the driveway and it's an appraiser for Fannie Mae. They wouldn't give me any information or leave the property. I called the police and filed a report. The officer was less than pleasant and didn't want to do anything about it, including filing a police report. He finally did so but, not willingly. What are my rights at this point? The bank wants to evict me from a property I'm no longer in while already having possession!? This makes absolutely no sense and I'm beyond fed up. All I really want is for them to agree to take the house and not put an eviction on my record. It shouldn't be this hard.

[Cat Damiano]

Hi wrongfuleviction,




What state is the property located in? Have you been in contact with a real estate foreclosure attorney in your state to see what can be done?

[wrongfuleviction]

I'm in Michigan and the hearing is scheduled for Friday. I have an appointment set up Wednesday morning but, I'm already taking Friday afternoon off work and really can't take the time off for Wednesday's appointment.

[Cat Damiano]

Unfortunately if you are unable to put the time into trying to resolve the issue, the end result is going to remain the same. I do hope that you are able to find some time to at least have the meeting with the attorney and find out what if anything can be done.

[wrongfuleviction]

I ended up speaking with a different attorney over the phone. She basically said that that the real estate company and the the attorney representing the National Mortgage whatever weren't communicating. Well duh!!! Since I didn't want anything that remained at the house; I have not recourse on them "wrongfully" taking possession of it. The real estate company did end up contacting me saying they thought I said I didn't want anything else and were sorry if they had misunderstood. I didn't give them the satisfaction of saying they were right. Instead advised them that their attorney was insistent that they needed to evict me before they could take possession.

I went to the eviction hearing; to the dismay of the judge but, the amusement of the courtroom. The attorney didn't show up! The judge really didn't want to talk to me but, didn't have much choice. I tried to get to the point of this overall experience without leaving out the important parts or getting into too much detail. I know I was a sight waiving my police reports, emails and the eviction notice while trying to keep my cool. In the end the eviction was dismissed whatever that means and the bank has started mowing the lawn and removing things from the property. I had some other business I needed to take care of at the courthouse and had a few people stop me, "are you the lady that was getting evicted from the house your not living in?" Had a few good laughs and rants and with a little bit of luck this is now finally done and behind me. I know it's not much for others but, figured I'd put the rest in in case it gives someone else a little piece of mind.

[Cat Damiano]

Thank you for the update, so in the end, did the lender take possession of the property finally?