tropicaljo

02/29 deadline to stop foreclosure sale on Mom's house. HELP!!!

Recommended Posts

So, its been a long time since I came to the board to ask for advice. The story is;

 

My father-in-law died in January 2011 and left a mountain of debt and un-cataloged assets that had to be sold to satisfy his creditors thru probate, including the mortgage for Mom's home (originally held by Countrywide) with Bank of America, which she co-signed.

 

Mom's understanding was that the probate couldn't be closed until all debts were satisfied. She has a signed document from Bank of America releasing their claim on the house and property, and documents signed by the probate court saying all Dad's debts were satisfied and that the house and another property were Mom's free from all debt. The probate documents were filed with the county clerk and the house title was transferred on county records to Mom's name and show it is free of all liens.

 

Approximately 9 months later, she starts getting letters from Green Tree Services saying she was delinquent on her payments on the house. She called them up and told them that she had clear title on the property and that if they bought faulty paperwork from BofA they needed to work it out with BofA. They persisted in pursuing the delinquent payments and she proceeded to ignore them (I know, I know!). They filed an affidavit challenging the signature of the BofA rep who signed the release document for the probate claiming it was illegible. I haven't had a chance to go thru her documents, but to my knowledge she has not received any kid of summons related to Green Tree's claims, however, all of Dad's "heirs" received notice that Green Tree is going to do a foreclosure sale of Mom's house on February 9, 2015.

 

Apparently, Green Tree has no idea that all of Dad's heirs signed notarized documents relinquishing their claims on Dad's estate so that Mom would be taken care of for the rest of her life, at least so she would keep that house. We all got letters by regular mail from a "local" law firm dated January 8, 2015. None were received until Jan. 15. These letters included documents that show that they filed a a foreclosure notice with the county clerk on December 29, 2014.  Doing a little research, it appears they are acting as if the alleged contract they have includes a "power of sale" clause, but Arkansas has established guidelines for conducting a non-judicial power of sale. They are supposed to have the property appraised, and to Mom's knowledge, no one has been around to appraise the house and property. Within 5 days of filing with the county, they are supposed to send a certified letter to all "interested parties". Their first notice is dated January 8 and came by regular mail, rec'ved on Jan. 15. Second notice has the same date and was received on January 24 by certified mail.

 

Mom is living on disability and social security and money is extremely tight for her. She has severe COPD and can barely walk from having severe deterioration in her knees. We went together to see a lawyer this past Monday (Jan 19) and the minute I made reference to abusive debt buyers and FDCPA, she started talking down to me like, "Yeah, you're one of THOSE people who have read a thing or two and think you know something." She told Mom that she didn't know anything about real estate law and would find someone who specialized in real estate who could take this case. We haven't heard a word from her and she isn't returning our calls.

 

I did a quick search on Green Tree Services, and there are literally thousands of complaints on how this company operates.  To my knowledge, they haven't provided any proof that they have the authority to be doing what they are doing. They filed their first newspaper ad last week on the scheduled foreclosure sale, so I don't have much time to find a way to stop them. All I know is that if Mom looses her house and is put out on the street 2 weeks from now, it will kill her. So, from past experience, I come to the one place on earth where I'm pretty sure there are answers on how we can stop this QUICKLY without having to pay an attorney.  Any speedy advice would be profoundly appreciated.

 

 

 

 

 

 

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites

What state are you in?  It sure sounds like you're going to need a lawyer to deal with this.  What about the lawyer that handled the probate?

 

If what you describe is accurate, Green Tree could have made one of their "mistakes" and really have no authority to foreclose.

  • Like 1

Share this post


Link to post
Share on other sites

Mom is living on disability and social security and money is extremely tight for her. She has severe COPD and can barely walk from having severe deterioration in her knees. 

 

Sad and unfortunate circumstances but not a factor in this as far as the court is concerned in relation to the foreclosure.

 

We went together to see a lawyer this past Monday (Jan 19) and the minute I made reference to abusive debt buyers and FDCPA, she started talking down to me like, "Yeah, you're one of THOSE people who have read a thing or two and think you know something." She told Mom that she didn't know anything about real estate law and would find someone who specialized in real estate who could take this case. We haven't heard a word from her and she isn't returning our calls.

 

That is because this is NOT a FDCPA or JDB issue.  What you communicated to the lawyer is that you read a few things, THINK you know what is going on, and just want something done.  You also didn't find a real estate lawyer.  Your mother needs one experienced in real estate NOW.  When you didn't hear within a day about a new lawyer you should have immediately found another one.  This is not a situation where you can sit around waiting for things to solve themselves.

 

Go to www.lawyers.com and find an experienced real estate lawyer RIGHT NOW.  You are not going to be able to solve this without an experienced attorney.  Choose a four or five star peer rated attorney and call ASAP.  DO NOT email.  

Share this post


Link to post
Share on other sites

We're in Arkansas, willingtocope, and the lawyer we went to see this past Monday was the lawyer who handled the probate, who I gather even then made excuses that probate was not her area of expertise.

 

Clydesmom, you don't know me or how much experience I might or might not have in FDCPA matters (in fact, over the past 10 years or so that I've been a member of this site, there have been quite a few companies that have contributed to my ongoing independent education in consumer laws).  I have and will admit again that I don't know anything about real estate matters or foreclosure, but why are you taking such a hard line with me. You come on as if you have some reason to attack me instead of offering any significant assistance and your comments show that your mostly interesting in grinding my nose into how much I don't know.  I came here looking for help, not to get slapped down because I don't know what to do.

 

When my husband and his siblings signed those releases to their Dad's estate in 2011, from that point on my husband has been kept out of the family loop regarding his mother's current problem (due to other family issues). I do know that Countrywide made a whole lot of fraudulent home loans. I know that Bank of America is a HUGE corporation that there is a possibility that someone didn't get the memo that the bank had signed off on the note and it is possible that Mom's contract wound up in a lot to be sold to a JDB. I know that JDB's will take advantage of insufficient documents and take actions they have no right to take. I know that feces appears and sometimes it is just a matter of knowing how to get the stains out. 

 

We know Mom needs help, and we also know that the average specialized attorney is going to want big bucks UP FRONT to deal with this matter.  Mom doesn't have big bucks to throw around and neither does anyone else in the family, so that is why I came here. As I said before, this is the one place I go to when I need answers related to creditors and contracts and I have seen more than one near miss where the consumer made a last minute save due to friendly suggestions from members of CIC.

  • Like 2

Share this post


Link to post
Share on other sites

If indeed Green Tree screwed up, you (or your mom) probably basis for a counter suit.  Have you looked at www.naca.net to see if there is a lawyer in your area that might help?  Many "consumer" lawyers also have real estate knowledge.

  • Like 1

Share this post


Link to post
Share on other sites

As for legal action I believe that if you do a clear title action or injunction to stop the trustee sale you have to do it before the notice of trustee sale is sent. If not you would have to pony up the full amount of tender, the full amount of the mortgage.

 

Anything you do will have to be next week for sure. Getting a lawyer is paramount because the loan servicers are now trying to steal equity from people. To protect your moms equity you have to get a lawyer.

 

Try to obtain financing in the name of the family trust if there is one. If not go to legal zoom and  make one and put the house in it. Take the property value from Zillo website and use that. Your family must rally together to make this happen.

Share this post


Link to post
Share on other sites

Clydesmom, you don't know me or how much experience I might or might not have in FDCPA matters (in fact, over the past 10 years or so that I've been a member of this site, there have been quite a few companies that have contributed to my ongoing independent education in consumer laws).  I have and will admit again that I don't know anything about real estate matters or foreclosure, but why are you taking such a hard line with me.

 

Because this could cost your mother her HOME.  This is not a JDB lawsuit over a credit card for a few hundred or even thousand bucks.  This is a foreclosure hearing for a HOUSE/HOME that could put her on the streets.  This requires very specific knowledge of real estate and contract law.  It cannot and should not be handled by strangers on the internet.

 

I came here looking for help, not to get slapped down because I don't know what to do.

 

As I posted before:  GO TO www.lawyers.com and find a real estate attorney with a five star peer rating.  Three times I have hired lawyers from that site using the peer rating system and each time got excellent representation at a fair price.  You can take the advice or ignore it the choice is yours but just because I won't tell you what you want to hear don't snark that no one tried to help you.  

Share this post


Link to post
Share on other sites

Seadragon, I really appreciate the information. My Mother-in-law's house was hers free and clear after probate and is filed with the county with no liens of any kind, so we don't need financing. I don't know how it is that Green Tree managed to acquire an alleged contract from Bank of America in 2012 when BofA released it in 2011. Your suggestion on getting an injunction has been most helpful. My husband and I don't have a lot, but we have offered to help her come up with funds to hire an attorney. Pretty sure that out of her 5 children we will be the only one's putting money in the hat considering that the rest of them all were aware this crap was going on for at least the last year and not one of them bothered to call us to at least let us know she was having trouble with these people.  Talked to Mom-in-law earlier this evening and she will be making calls in the morning to find an attorney who knows how to handle this. She has in mind that she needs a probate attorney, and argues with me when I tried to tell her she needs someone who can deal with foreclosures, so we'll have to see what she comes up with.

 

Clydesmom, We ARE doing what we can, but pulling bunnies out of our butts with no advance warning is a bit off-setting. My IN-LAWS are very difficult people to deal with and I can only do what they allow me to do. I am not responsible for others in my husbands family who sat on their thumbs and let this situation get so dire.  I came here to get knowledge and suggestions. I got what I came for. I'll save any further snarky comments and wish you a great night.

  • Like 1

Share this post


Link to post
Share on other sites

I am glad to be of help. Also go to the county recorders office and get a copy of the deed. For the record, Green Tree is now part of ever bank in Jacksonville,Florida. It is possible that BofA sold them the servicing rights. You see BofA may have only had servicing rights. a Clear title action is necessary.

 

I think the servicers are scum, and wish that the government would stop the blatant equity theft prevalent today. I mean when you think about it banks have been stealing land from the beginning of time.

Share this post


Link to post
Share on other sites

Nope. Once again, my in-laws drew me into their financial troubles, giving me half the story, and then left me hanging on the sidelines. They decided to ignore the recommendations I got from Seadragon and went to see some lawyer that was a friend of a friend last Monday.  Turns out that this foreclosure has to do with a SECOND mortgage on Mother-in-law's house that was NOT dealt with in probate. I don't know how it is that she walked away from the probate thinking that everything was paid. Kind of think the attorney who handled it should have pointed out that she had this second mortgage and needed to keep making the payments, but whatever! It's been nearly 2 years since she made a payment, so there is no way she can bring it out of arrears. The lawyer she saw told my mother-in-law that the only way to stop the foreclosure was to file for bankruptcy, but I don't see how that could be brought about before Feb. 9 even if they started working on it last Monday. Last I heard, she was seriously considering just letting Green Tree do their worst and she'd just move in with her daughter or her sister. smh...

 

So, thanks everyone for your time, your recommendations, and your continued concern. Have a wonderful day!

Share this post


Link to post
Share on other sites

Did the probate file a notice in the paper? I think on probate they have ONLY 30 days to submit a claim once the notice is posted in the paper. They are out of luck as far as the estate is concerned.

 

You said the property was free of all liens, I believe they cannot file a lien after it was cleared. I think you will find they have no claim.

Share this post


Link to post
Share on other sites

Nope. Once again, my in-laws drew me into their financial troubles, giving me half the story, and then left me hanging on the sidelines. They decided to ignore the recommendations I got from Seadragon and went to see some lawyer that was a friend of a friend last Monday.  Turns out that this foreclosure has to do with a SECOND mortgage on Mother-in-law's house that was NOT dealt with in probate. I don't know how it is that she walked away from the probate thinking that everything was paid. Kind of think the attorney who handled it should have pointed out that she had this second mortgage and needed to keep making the payments, but whatever! It's been nearly 2 years since she made a payment, so there is no way she can bring it out of arrears. The lawyer she saw told my mother-in-law that the only way to stop the foreclosure was to file for bankruptcy, but I don't see how that could be brought about before Feb. 9 even if they started working on it last Monday. Last I heard, she was seriously considering just letting Green Tree do their worst and she'd just move in with her daughter or her sister. smh...

 

So, thanks everyone for your time, your recommendations, and your continued concern. Have a wonderful day!

I can understand your mom maybe not seeing things clearely, my own mom was devastated when my dad passed away. I think the second mortgage is a nullity because they did not come to probate. In probate once notice in the paper is sent, all creditors have to come to court or they are lost on their claims.

  • Like 2

Share this post


Link to post
Share on other sites

I just noticed something, OP stated that the foreclosure sale is scheduled for 2-29-15 in the title. There is no 2-29 this year February only has 28 days. Maybe it is something?

 

Edit: I am sorry I read in the first post that it was the 9th of February.

Share this post


Link to post
Share on other sites

The house was auctioned off on Feb. 9, 2015. Mom moved in with my sister-in-law. Thanks for the continued interest and support.

 

Jo

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.