NationStates Jolt Archive

...normally I'm not one to make a bloggy post, but I need to relate the details of my current situation, and ask for some advice.

*insert "Get-a-blog" and "why-come-to-NSG-for-advice?" comments here*

So where to begin...

In 2002 I was unemployed and living with my parents after dropping out of college. My parents were both working full time. Because my moms insurance was cheaper, my dad dropped the insurance offered at his job. Later that year, my dad had to have plaque blockage cleared from his right carotid artery. In 2003 he had to have blockage cleared from both carotid arteries. This time, my moms insurance would only cover the procedure for one of the arteries. My parents began to have financial issues related to the medical bills incurred. My mom took an additional part time job to help make ends meet.

In 2004 it was determined that my dad had had a series of TIA's (http://en.wikipedia.org/wiki/Transient_ischemic_attack). He was let go at his job and was placed on disability. I was still living at home, now working full time and going to college part time, and decided to remain at home to help take care of my dad rather than move out as I had been planning. Over the next couple of years my dad went through therapy, during this time period my parents filed for bankruptcy due to the mounting medical expenses.

In the Spring of 07 my dad was diagnosed with bladder cancer. In late 07 he had another stroke, and as a result spent almost a month in the hospital before coming home. Around this same time (Winter 07), my mom's company finalized it's consolidation with two other companies, and my mom was laid off, losing her private health insurance. She still had her part time job, and we had my dad's SS income, but it was not enough for all the expenses...as a result, due to medical and prescription costs, my mom started falling behind on the mortgage payments for her house.

By Spring of 08, it was clear that dad's chemotherapy was not working, and bladder removal was tentatively scheduled for the coming summer. At around this time, my mom's severance package from her former job ended. Despite a continual job hunt since being laid off, she had not found full time work, and she was no longer able to make mortgage payments.

Last summer, my dads surgery was repeatedly postponed due to blood pressure / anesthesia concerns. In August, my dad had his bladder removed, but the surgery took a toll and severely reduced his mobility. By late September, it was clear that we could no longer care for him at home and we had him placed in a nursing home.

At this point (last September), my mom was still only working part time. Despite Medicaid asssitance, and financial support from me, she still had been unable to make a mortgage payment, and the economy had started to go to hell...the bank started to begin the foreclosure process on my mom's house.

In late December, my dad developed an MRSA (http://en.wikipedia.org/wiki/MRSA) infection in his lungs. Having failed to respond to antibiotics, he died on January 8th of respiratory faliure.


For the tl:dnr crowd, this is where the story ends, and the problem begins...


This month my mom recieved a letter from legal representation from the mortgage holder, stating that a sheriff's sale of her home had already taken place on January 5th. The house was sold back to the bank for less than half it's assessed value...indeed, less than my parents paid for it in 1989.

Correspondence my mom had recieved after the 5th of January had indicated that we still had time to appeal the foreclosure process and give ourselves time to make good...

...instead, there is a circuit court hearing on the 27th of this month. If the ruling goes against my mom, we only have until the end of the month to vacate...we have spoken with a lawyer, who has said that the finalization of the sheriff's sale is ultimately up to the presiding judge.

Aside from a personal appeal to the judge for more time to catch up on the mortgage (or at least more time to move our fucking stuff out of the house), what else can we do???

Any advice is appreciated...

Fuck, that sucks.
I'm not sure I have any good advice on this. I think Jhan, The Cat-Tribe, Neo Art, Grave_n_idle, Muravyets, Ryadn, Sarkhaan and a few others here might though.

Build a time machine. Go back to 2001. Move to Canada, and get free health care.

But honestly sorry about your bad luck, I have no idea what you should do.

wow. YOur family has had enough misfortune to serve 10 families.
I thought I had it rough when my dad was knocked down by a car and died 6 days later, but your story of woe makes mine look like a Disney story. My sympathys dude.

as an aside: This is why I've never felt comfortable about buying mortgagee sales. I would hate to think I'm profitting off someone else's severe misfortune. I read that book,"Rich Dad, Poor Dad" a few years ago, and this is how the author made his fortune. He'd buy a mortgagee house for $20k and sell it a week later for $30k. I really don't think I could do that.
part of the reason I'm always broke I s'pose.

Fuck, that sucks.
I'm not sure I have any good advice on this. I think Jhan, The Cat-Tribe, Neo Art, Grave_n_idle, Muravyets, Ryadn, Sarkhaan and a few others here might though.

What, what? I see my name. Oh, yes. Jeez, that's messed up. Tell you what I'll do, I'm going to read this again in the morning when I'm not brain damaged and I will have much better advice then.

What, what? I see my name. Oh, yes. Jeez, that's messed up. Tell you what I'll do, I'm going to read this again in the morning when I'm not brain damaged and I will have much better advice then.I think you're a very intelligent (not just hot) woman, and i think you may have some pretty good advice for the fellow.
When i used to get sleep, i had the occasional glimmer of insight - you're a lot more on the ball than myself.
:)

Wow, sorry to hear of the health problems. That is terrible.

As for the sale of the house. Most of the time houses are not sold to investors and revert back to the bank for full ownership.

Unfortunately if your house has already sold at auction there is nothing that can be done unless your state has a redemption period. If your state does have a redemption period you will have time to buy the house back from whoever purchased it at the auction which would be the bank in your case. Check out our state foreclosure pages to determine if your state has a redemption period.


However I am not a Lawyer and might suggest talking to a few.

as an aside: This is why I've never felt comfortable about buying mortgagee sales. I would hate to think I'm profitting off someone else's severe misfortune. I read that book,"Rich Dad, Poor Dad" a few years ago, and this is how the author made his fortune. He'd buy a mortgagee house for $20k and sell it a week later for $30k. I really don't think I could do that.
part of the reason I'm always broke I s'pose.

It's investing. You need to separate yourself from the emotional part. I would be akin to selling stock short. In order for you to make money someone else loses. If you get a good job you are also depriving someone else from said job. Just how life works.

It's investing. You need to separate yourself from the emotional part. I would be akin to selling stock short. In order for you to make money someone else loses. If you get a good job you are also depriving someone else from said job. Just how life works.
That's why I said it's prob why I'm always broke. I find it hard to detatch the way most successful businesspeople do. That's part of the reason why they're so successful.

And who said I have a good job! Well paid, sure but good?

That's why I said it's prob why I'm always broke. I find it hard to detatch the way most successful businesspeople do. That's part of the reason why they're so successful.

And who said I have a good job! Well paid, sure but good?

You have to detach yourself. I do and how I help on the backend is donating money to charity. Helps offset any issues one may have of making money of others misery. As long as I am not causing said misery that is.

As for the job. A good job is just a matter of perspective. The true reason why people work is to make money in my opinion. If a garbage guy can make $25 an hour that's a better job then someone working in a strip club DJ booth making $10. Sure he may get an eye full every day but it doesn't improve his standard of living.

Been through similar straits myself which I do not wish to elaborate on, Delator. All that I was really able to do was pray, pray that whatever comes God would give me the courage and wisdom to pull through. And so far I have.

Get drunk start a fight with the police when they come to try and make you vacate.

From what I can see you are hozed. Once it is sold it is pretty much done. In order to have stopped this you would have had to pay the delinquent amount all at once - and from your circumstance I don't know how you could have done that anyway. If there were alot of equity a reverse mortgage long ago may have helped... but that ship has also has sailed. My guess is that there probably was a 2nd mortgage that was huge also.

The lesson to take from this is that insurance is important. Everyone should review their current insurance to make sure it is adequate. Not only that - but disability insurance is also important to consider. I've seen people cancel their health insurance but keep their car insurance in force. Makes no sense - a car crash is far less costly than a bad health issue -and easily fixed with a BK. (any any major injury you sustain would default to your health insurance...) The insurance industry does little to make it easy to shop/compare health insurance - and the government has really mucked it up with all the varying standards and types and regulations and complicated "disclosures".

IMHO nationalizing insurance would result in something just as effective as other government programs (bailout anyone?) Instead the insurance industry needs to be simplified, standardized and streamlined. Not just health, but also disability, life and others. I would love to see more universal coverage policies. One policy for your property (home, boat and cars) one policy for your life (health, life, LTC and disability) and one policy for all personal liability (losses from auto driving, home dangers, etc.) Make insurance ratings more public and easy to understand. Make public adjusters the only people allowed to determine eligibility of benefits or coverage- and make sure their compensation keeps them from being biased to the insured or insurer. (think auditor)

As far as buying distressed properties - I've considered it. I saw a home recently that was in foreclosure and I thought about purchasing it then lease-to-own it back to the family within at the substantially lower price with only a reasonable profit for the trouble. The risk is that the family within would be as bad tenants as they were owners even with the reduced payment and elimination of the delinquent amounts. The plus is that you could end up with a very motivated tenant and have a care free experience - resulting in a fair profit and the experience of helping someone out.

The house I was looking at turns out the family had already left - so it didn't matter.

As far as buying distressed properties - I've considered it. I saw a home recently that was in foreclosure and I thought about purchasing it then lease-to-own it back to the family within at the substantially lower price with only a reasonable profit for the trouble. The risk is that the family within would be as bad tenants as they were owners even with the reduced payment and elimination of the delinquent amounts. The plus is that you could end up with a very motivated tenant and have a care free experience - resulting in a fair profit and the experience of helping someone out.

The house I was looking at turns out the family had already left - so it didn't matter.

Flanders tried that with the Simpson. it didn't go well

I'm shocked that they could sell the house without notifying you in advance... but I don't really know how these things work.

I'll pray for you.

See if you can find the buyer. If its an investment company you might be able to talk them into letting you pay a reduced rent, because then they wont have to re paint put in new carpets ETC.

...normally I'm not one to make a bloggy post, but I need to relate the details of my current situation, and ask for some advice.

*insert "Get-a-blog" and "why-come-to-NSG-for-advice?" comments here*

So where to begin...

In 2002 I was unemployed and living with my parents after dropping out of college. My parents were both working full time. Because my moms insurance was cheaper, my dad dropped the insurance offered at his job. Later that year, my dad had to have plaque blockage cleared from his right carotid artery. In 2003 he had to have blockage cleared from both carotid arteries. This time, my moms insurance would only cover the procedure for one of the arteries. My parents began to have financial issues related to the medical bills incurred. My mom took an additional part time job to help make ends meet.

In 2004 it was determined that my dad had had a series of TIA's (http://en.wikipedia.org/wiki/Transient_ischemic_attack). He was let go at his job and was placed on disability. I was still living at home, now working full time and going to college part time, and decided to remain at home to help take care of my dad rather than move out as I had been planning. Over the next couple of years my dad went through therapy, during this time period my parents filed for bankruptcy due to the mounting medical expenses.

In the Spring of 07 my dad was diagnosed with bladder cancer. In late 07 he had another stroke, and as a result spent almost a month in the hospital before coming home. Around this same time (Winter 07), my mom's company finalized it's consolidation with two other companies, and my mom was laid off, losing her private health insurance. She still had her part time job, and we had my dad's SS income, but it was not enough for all the expenses...as a result, due to medical and prescription costs, my mom started falling behind on the mortgage payments for her house.

By Spring of 08, it was clear that dad's chemotherapy was not working, and bladder removal was tentatively scheduled for the coming summer. At around this time, my mom's severance package from her former job ended. Despite a continual job hunt since being laid off, she had not found full time work, and she was no longer able to make mortgage payments.

Last summer, my dads surgery was repeatedly postponed due to blood pressure / anesthesia concerns. In August, my dad had his bladder removed, but the surgery took a toll and severely reduced his mobility. By late September, it was clear that we could no longer care for him at home and we had him placed in a nursing home.

At this point (last September), my mom was still only working part time. Despite Medicaid asssitance, and financial support from me, she still had been unable to make a mortgage payment, and the economy had started to go to hell...the bank started to begin the foreclosure process on my mom's house.

In late December, my dad developed an MRSA (http://en.wikipedia.org/wiki/MRSA) infection in his lungs. Having failed to respond to antibiotics, he died on January 8th of respiratory faliure.


For the tl:dnr crowd, this is where the story ends, and the problem begins...


This month my mom recieved a letter from legal representation from the mortgage holder, stating that a sheriff's sale of her home had already taken place on January 5th. The house was sold back to the bank for less than half it's assessed value...indeed, less than my parents paid for it in 1989.

Correspondence my mom had recieved after the 5th of January had indicated that we still had time to appeal the foreclosure process and give ourselves time to make good...

...instead, there is a circuit court hearing on the 27th of this month. If the ruling goes against my mom, we only have until the end of the month to vacate...we have spoken with a lawyer, who has said that the finalization of the sheriff's sale is ultimately up to the presiding judge.

Aside from a personal appeal to the judge for more time to catch up on the mortgage (or at least more time to move our fucking stuff out of the house), what else can we do???

Any advice is appreciated...
my condolences on the loss of your father.

if your mother doesnt have the money to get current on the (now gone by) mortgage i dont think that any judge is going to rule her way. does she make enough money to pay the monthly payment?

you need to make arrangements for where you are going to move on april 1. dont rely on the kindness of the judge. if the lawyer you talked to isnt an expert on foreclosures, have him recommend an expert for you to see today or tomorrow.

How much exactly do you owe ? maybe their are some charity groups to help?

First of all I am really sorry for your loss and difficulties. You need help. I would say try contacting someone like:

http://www.westopforeclosureusa.com/

This is just one of the many services out there. Hopefully you can find one more local. I am not recommending this one but a service like this one.


There are things you can do like try to modify the original loan agreement. You need to act fast though.

First of all I am really sorry for your loss and difficulties. You need help. I would say try contacting someone like:

http://www.westopforeclosureusa.com/

This is just one of the many services out there. Hopefully you can find one more local. I am not recommending this one but a service like this one.


There are things you can do like try to modify the original loan agreement. You need to act fast though.

That's a really bad idea. Do not waste your time with one of those.

You need to contact a lawyer that is versed in for foreclosures, you also need to find out who actually held the loan (very possibly NOT the bank she financed through in 89) and see if you can get them to figure out why you didn't get notice, see if by chance they sent anything certified mail (they should have!, but aren't required to in many states) if they did see if they can fax you a copy of the receipt. It's possible in all the confusion with your dad that someone signed for it and forgot.

If the house was already sold, you need to find out to who and when. Your main argument when you get to court would be "we didn't know anything was wrong". Unless you did know and you ignored it, then you really don't have an argument (not that "we didn't know" actually is one, but it sometimes works as of late since paperwork got shifted so much that it's often the homeowners who are the last to know).

You need to right now figure out a living situation. This is probably not going to end up in your favor. You need to find out if you live in a recourse state, and if so you need you need to really lean heavily on the people who own the mortgage to forgive the difference your mother owes.

You also need to tactfully get her to hand over all her bills and a credit report, it's possible that she's in much more financial trouble than you know and the badness will just continue unless it's addressed. I'm sorry that this is happening to you guys, but the story plays out again and again in frightening frequency and exactly the same all over the country and has been for a few years. There is help, but you have to be your own advocate and when necessary get rough. The banks/loan holders have no interest in you, they don't want to help you, you just have to at some point become more annoying than your debt is worth, even if you have to call them and write them daily.

...normally I'm not one to make a bloggy post, but I need to relate the details of my current situation, and ask for some advice.

*insert "Get-a-blog" and "why-come-to-NSG-for-advice?" comments here*

So where to begin...

In 2002 I was unemployed and living with my parents after dropping out of college. My parents were both working full time. Because my moms insurance was cheaper, my dad dropped the insurance offered at his job. Later that year, my dad had to have plaque blockage cleared from his right carotid artery. In 2003 he had to have blockage cleared from both carotid arteries. This time, my moms insurance would only cover the procedure for one of the arteries. My parents began to have financial issues related to the medical bills incurred. My mom took an additional part time job to help make ends meet.

In 2004 it was determined that my dad had had a series of TIA's (http://en.wikipedia.org/wiki/Transient_ischemic_attack). He was let go at his job and was placed on disability. I was still living at home, now working full time and going to college part time, and decided to remain at home to help take care of my dad rather than move out as I had been planning. Over the next couple of years my dad went through therapy, during this time period my parents filed for bankruptcy due to the mounting medical expenses.

In the Spring of 07 my dad was diagnosed with bladder cancer. In late 07 he had another stroke, and as a result spent almost a month in the hospital before coming home. Around this same time (Winter 07), my mom's company finalized it's consolidation with two other companies, and my mom was laid off, losing her private health insurance. She still had her part time job, and we had my dad's SS income, but it was not enough for all the expenses...as a result, due to medical and prescription costs, my mom started falling behind on the mortgage payments for her house.

By Spring of 08, it was clear that dad's chemotherapy was not working, and bladder removal was tentatively scheduled for the coming summer. At around this time, my mom's severance package from her former job ended. Despite a continual job hunt since being laid off, she had not found full time work, and she was no longer able to make mortgage payments.

Last summer, my dads surgery was repeatedly postponed due to blood pressure / anesthesia concerns. In August, my dad had his bladder removed, but the surgery took a toll and severely reduced his mobility. By late September, it was clear that we could no longer care for him at home and we had him placed in a nursing home.

At this point (last September), my mom was still only working part time. Despite Medicaid asssitance, and financial support from me, she still had been unable to make a mortgage payment, and the economy had started to go to hell...the bank started to begin the foreclosure process on my mom's house.

In late December, my dad developed an MRSA (http://en.wikipedia.org/wiki/MRSA) infection in his lungs. Having failed to respond to antibiotics, he died on January 8th of respiratory faliure.


For the tl:dnr crowd, this is where the story ends, and the problem begins...


This month my mom recieved a letter from legal representation from the mortgage holder, stating that a sheriff's sale of her home had already taken place on January 5th. The house was sold back to the bank for less than half it's assessed value...indeed, less than my parents paid for it in 1989.

Correspondence my mom had recieved after the 5th of January had indicated that we still had time to appeal the foreclosure process and give ourselves time to make good...

...instead, there is a circuit court hearing on the 27th of this month. If the ruling goes against my mom, we only have until the end of the month to vacate...we have spoken with a lawyer, who has said that the finalization of the sheriff's sale is ultimately up to the presiding judge.

Aside from a personal appeal to the judge for more time to catch up on the mortgage (or at least more time to move our fucking stuff out of the house), what else can we do???

Any advice is appreciated...

1. I am sorry for your family's hardships.

2. I lack the expertise to advise you and, for copious reasons, won't give legal advice over the internet anyway.

3. TALK TO A LAWYER THAT SPECIALIZES IN FORECLOSURES AND/OR MORTGAGES. Immediately.

Let me repeat that: TALK TO A LAWYER THAT SPECIALIZES IN FORECLOSURES AND/OR MORTGAGES. Please. ASAP.

Good luck.

This month my mom recieved a letter from legal representation from the mortgage holder, stating that a sheriff's sale of her home had already taken place on January 5th. The house was sold back to the bank for less than half it's assessed value...indeed, less than my parents paid for it in 1989.

Correspondence my mom had recieved after the 5th of January had indicated that we still had time to appeal the foreclosure process and give ourselves time to make good...

...instead, there is a circuit court hearing on the 27th of this month. If the ruling goes against my mom, we only have until the end of the month to vacate...we have spoken with a lawyer, who has said that the finalization of the sheriff's sale is ultimately up to the presiding judge.

Aside from a personal appeal to the judge for more time to catch up on the mortgage (or at least more time to move our fucking stuff out of the house), what else can we do???

Any advice is appreciated...

The Bold part is what I don't get. How can they do that without her knowledge? That's something I'd bring up in court

Other than that, I'm at a loss, and I'm sorry for your misfortune.

The Bold part is what I don't get. How can they do that without her knowledge? That's something I'd bring up in court

Other than that, I'm at a loss, and I'm sorry for your misfortune.

Typically a letter like that would be certified I think. So it is possible it was received and either mistaken or forgot about. As for it being anything important to bring up in court I doubt it would make a difference.


Again, seek advice from a lawyer.

I would concur and say what other's are saying about seeking legal advice. but I do have a question...

are you still unemployed?

I would concur and say what other's are saying about seeking legal advice. but I do have a question...

are you still unemployed?
Unless I missed something in the OP he's been working full-time besides college since 2004.


@ Delator: man, that sucks incredibly much, I'm really sorry. :/

I obviously don't have any legal advice, but I'd think that you'd do well to prepare yourselves to move out on March 31st. I mean, even if you find a way to get them to extend the deadline it's surely only going to be for a few weeks or so, seeing how there seems to be virtually no chance of you guys suddenly being able to not only maybe scrounge up the money for one mortgage payment but actually regularly making mortgage payments again.

And before you spend your time hoping only to have your stuff thrown out into the yard three days later, you're better off acting as if it's already decided. Then if you get an extension it's an added 2-week-or-so bonus time to pack and find a place to stay, but I really wouldn't count on it.

I don't understand how the house could be sold without your knowledge.

I'd hammer that point home in court.

And if the ruling still went against you...I know I would probably make some bad choices, that would either involve fire or guns.

I would definately find somewhere to stay. Maybe you could try selling off some belongings to get cash to pay off all, or part of the amount owed to show you are willing to work to get the mortgage payed off.

Thanks to everyone for the comments and advice...

The hearing is tomorrow...we're planning for the worst, but you never know.

Wish us luck!

Uber luck for you Delator.