Legal Question in Real Estate Law in Georgia
I thought we were waiting on our mortage co. to help us with a settlement on a lower payment plan, when in reality we found out we had been forclosed on. Our home was sold on Nov. 3, 2009 and we have received eviction papers saying we have to be out by Dec. 13, 2009. We did not know the house was listed for four weeks in the local paper then sold on the court house steps. How is it that this can happen? The very same co. (Wells Fargo) did the same thing to a friend a year ago. She sent them her entire tax return that was promised back to her if things did not get worked out but they kept it. We too have been promised money back which we are still waiting for. Should we just go along with what has happened or should we try to keep our home?
2 Answers from Attorneys
It's impossible to tell you whether the lender did anything wrong such that you can take legal action without reviewing the documents. Consult with a local attorney.
If it was foreclosed upon, it is no longer your property. Someone bought it at the sale, and that is probably the party who filed the eviction. Promises to work with you are meaningless unless you had a written agreement stating the terms. Whatever happened to your friend has no relevance at all. The lender should have sent the appropriate notices to you regarding the foreclosure, but no one here can tell you if that was done. No one here knows what you mean by getting money back, since most foreclosures involve the homeowner owing money to the lender. The bottom line is that IF you received the appropriate notice of default and foreclosure, and ignored them because you thought the lender was going to work out something else, it was a mistake.
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