Foreclosure

[doodadem]

Anyone else out there been thru similar, or have some real helpful info???

I've posted previously about my little farm in the mountains of eastern Calif. My dream come true. A few years after we moved here though, the snake-like neighbors said, we're going to overrun you with our cattle. If you don't like it, we'll just take your land. We have spent the past seven years in litigation. The stress has been incredible.

Two years ago, while I was in intensive care in the hospital, my husband of 27 years loaded up about everything I owned, and departed for parts unknown. This included my truck and horse trailer, all of the farm equipment, and everything in the bank accounts---including my business account which he was not authorized on. I filed for divorce, and eventually for bankruptcy. We did finally find him after he left Florida and came back to Calif. I was awarded some spousal support, but still no hearing yet on the rest.

Wells Fargo was supposed to be working on modifying my mortgage thru the HAMP program 4 or 5 times during this time period. At the last minute, something would always hold it up, thru no fault of mine. The mortgage was for nearly half a million dollars, between first and second. That's what they were trying to gouge me for, even though the property wasn't worth even half that amount anymore. The last time, Freddie Mac, the "investor" came back and refused to grant an extension at the last minute, even though the process was almost completed, and foreclosed immediately. This was after they told me to go hire a lawyer to get the lien taken off the property that the neighbor's atty. had put on there. They said they couldn't finish the modification unless I did that. I just lost that money. Their price at auction was $134,000. $134,000---after they were after me for half a million. No one bid on it, so it went back to Freddie Mac.

So now, I'm a renter on my own farm. Me and the animals. The litigation is still going on, and Freddie Mac's attorney's did not show up for the last hearing, even though they technically owned the place by then. I had to act as my own attorney. The neighbors are still driving me nuts. Their attorney has already said that unless the judge gives him exactly what he wants, he's going to sue Freddie Mac now. The judge can't do that, so I predict another several years in litigation. Which is fine---Freddie Mac has to foot the legal bills now, plus repairs and maintenance, while I pay a minimal amount of rent. But the realtor is driving me crazy with constant demands for admittance. I think she's trying to pressure me to leave, which is really stupid, as the neighbors would totally trash the place then.

I feel like my property was stolen from me. I sent a letter to the Calif. Atty. General, after reading how she was supposed to be going after all these mortgage banks playing dirty pool. All I got back was a letter saying, first of all---doesn't apply to Freddie Mac, secondly--if you fill out this form for damages, you might get a couple thousand bucks out of it. That's it.

What do you guys think?

[Zalatix]

1. From here on out please refer to what your husband did as "he did a Newt Gingrich".

Thanks... and please accept my condolences for the shit you went through.

[MiniMe]

2. Seems like the bank that had your business account should be liable for that money

Since he was not an authorized signer on that account. And yes, the banks are all playing dirty pool now. I am under the threat of foreclosure now, just sold my house. I called Chase who is my mortgage holder and gave them my real estate agents name and number and told them it was selling for a profit, hold off on the foreclosure and you will get all your $$. Their answer was NO, even though they hadn't started foreclosure yet. And they say I will be responsible for any legal fees if they can file before I close on the sale, which is next week. I feel lucky that I am almost out from under this nightmare, and pissed that they won't stop the legal proceedings at all. The only thing that may save me is that I will close before they can start the foreclosure with the lawyers. From what my real estate agent told me, Chase is the worst to deal with now, Bank America will work with them.

I feel for you, that was a rotten thing your hubby did to you. I wish you luck getting things sorted out. Have you reported the theft of your property to the police? I doubt that will do much good now, since you were married at the time. But his name should be on the mortgage too.

[riderinthestorm]

3. Sounds awful!! I have no words of advice

It seems pretty complicated. But the bank who let your husband clear out your accounts without being an authorized signer is definitely on the hook. Can you start there?

Do you have the titles to the equipment he stole? Maybe get the sheriff involved?

Lastly, if your neighbors are going to be trespassing like this, that also sounds like a sheriff issue. What do they say when you call them and tell them the neighbors are trespassing?

[RebelOne]

6. I have no words of advice either,

but it seems like you have been through hell. I can just wish you good luck and hope you come out of that mess and keep your property.

[flvegan]

4. This lien that the neighbors' lawyer put on your property...

is it a "charging" lien or just a notice of lien, which depending, may only act as a mechanic's lien which is an easy fix. Nice thing is, with this much litigation, your title is monkeyed up so your bank won't be selling it any time soon.

That doesn't fix your mess, and I truly am sorry for all that you've gone through. Some people (and you seem to have them in droves in your past and present) are just asses.

[grasswire]

5. no ideas, but lots of good wishes to you

I hope you can find some peace, and some justice. Seems as if someone ought to be able to order the cattle be kept off your land.

[Suich]

7. I remember your previous posts, doodadem!

I'm really sorry this bs is still going on...best wishes to you!