Foreclosure, eviction

[Deb Wagner]

Hi,

I need advice. I have lived at this property since 1990. My mom outright owned it. In 2003 she sold it to my now "X' boyfriend, the father of my son. The mortgage and deed were in his name only. She sold it to him at a discount price and she loaned him the down payment of $40,000. Her intent was that the equity and the $40,000 loan was to go to her grandson and me. Since then she gifted me the loan which is now $35,000 I had it attached to the property in 6/ 2013, that is what it stated in the default. In 1/ 2013, he abandon the house, my son, the dog and me. Without my knowledge in 2007 and again in 2008 he refinanced taking all the equity out and never paying my Mom. We were never married and our finances were separate. I paid for everything else except the mortgage. In 9/2013 he filed Bankruptcy, the mortgage and my note were discharge. It stated the property was seized for me. In 1/2015 the foreclosure started. there was an auction on the lawn. No, bidder except me and my offer was to low. Nationstar mortgage sold it to Freddie Mac, It is now REO property, and it has a virtue foreclosed deed with a different title # on it. My question is what happened to my loan attached to the property. Freddie Mac is trying to evict me. How can they steal my $35,000. and my invested interest in the property and throw me out????? I live in Massachusetts. Please, any help and advice will be appreciated.

THANK YOU  `` Deb W.

[Douglas Snook]

Deb

You need a lawyer ASAP! An eviction only has a short amount of time to file an answer and fight it. This must be done right away! You may be able to challenge the foreclosure through the eviction but again you would need to talk to a lawyer.

A couple of things don't make sense. If your mortgage was properly recorded/attached in 2013 the bankruptcy would not have wiped out the lien. How was your lien wiped out? Certain action needed to be taken to do that and you would have been notified and had a right to object. It would have just wiped out that he owed you the money. You would still have a claim on the real estate (if that makes sense) Unfortunately it appears that the refi in 2008 would be a head of you and if the don't get paid they have the right to foreclose and it looks like that is what happened and thats when your lien was wiped out. If you show all the documents to a lawyer they could explain it  in more detail for you.

This should have all been dealt with back when he filed bankruptcy in 2013.

I don't suppose you had a lawyer draw up the paper work between your mother and boyfriend?