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what rights do i have if the city home inspection has filed

 

Customer Question

what rights do i have if the city home inspection has filed a vacant building registration fee on me, while I was given the notice to vacant the property through the 1st mortgage bank? Simply put it, I moved out before the foreclosure process have even begun. AMC sold loan to citi finanacial, tried to refi with citi, no luck, citi wrote a letter threatening to foreclose property and i moved out to better protect my family to living on the street, after 6yrs citi sold loan to chase and never foreclose, Chase charged off loan. now city has filed a fee to me. I am unemploy with a family of 4 and renting. what rights do i have against the banks if any, or what rights do i have to just give this property to the city to do whatever they want? Just want to get rid of this property, since it's been strip and vandal by tresspassers.

 

Optional Information:
Country relating to Question: United States
State (if USA): Minnesota

Already Tried:
Calling Chase, and they stated that my case has not yet reach their charged off dept. after 7yrs of unpayment! Had Mpls cops boarded of hse after catching thieves striping coppers. and they called Chase for ownership.

Submitted: 358 days and 22 hours ago.
Category: Real Estate Law
Value: $59
Status: CLOSED
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Expert:  Dimitry Esquire replied358 days and 22 hours ago.

Thank you for your post.

If I may ask, you left the property abotu 6 years ago, and the property still hasn't been auctioned off? The property is still legally under your name?

Customer replied358 days and 22 hours ago.

the property was under my Mother's name and then my Father's as a 2nd owner. I just did a name change on the title, removing my mother's name to help benefit her medical claims and help me take equity out of the hse to fix it, but latter found out that it was not a official title change from the home inspector. but everything from the city to the police reports that it is me and my father's hse. I don't know if this could help, but the 1st company AMC who was sued and went bankrupt for poor pratice on lending money to unqualify owners was the company i went through 1st. and yes I left the hse about Sept.2005

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Expert:  Dimitry Esquire replied358 days and 21 hours ago.

Thank you for your follow-up, Jason.

I appreciate the back-story, as it does help me get a far better understanding of the facts. If the property is legally under your name, then you may not like my answer, and for that I ask that you do not blame the proverbial messenger. If the property is in part legally yours and the premises were never formally foreclosed, you remained owner even if you never lived there after you abandoned the premises. It means you remain liable for the taxes on the premises and for the possible fines because title is still under your name.

The question I am sure you have is what about the possible lender and their issue in all thing. Just like any legal action, they have the choice to either foreclose or not, they DO NOT have to foreclose if they do not want to do so, even if they have every right to pursue the property. Therefore their failure to foreclose does not remove the property from your name and place it under their obligation, you remain the owner. What it may mean is that the debt have been so old at this point that even if they want to foreclose, they might not be able to as the debt is uncollectable. That I cannot tell you, you would need a local attorney to review the documentation to know for sure, but that is a very strong possibility.

Finally, pertaining to city, you are always free to contact them and to see if they are willing to take title. That is solely at their discretion, they do not have to take the property, but they may choose to do so if you contact them and explain that even if they pursue you for the fines, you are unable to pay them due to your financial situation.

Good luck.

 


Kindly remember to only rate my answer when you are fully satisfied. If you feel the need to rate "Helped a little" or "I expected more”, please stop and reply to me via the CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.

 

 

 

Please be aware that if you give any rating below 3 stars then I will not be compensated in any way for helping you today. Good luck to you!

Dimitry Esquire41086.2233111111

Customer replied358 days and 21 hours ago.

what will be the best local lawyer to contact? just a real estate lawyer, what background should they have to deal with something like this? and what about all the situation of owners suing banks for false foreclosure praticing or State Attorney suing major banks? Since Citi finanacial did send me a threaten letter, but not official foreclosure for collection purposes. being so long, i've misplaced the letter, and thought nothing of it.

Accepted Answer

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Expert:  Dimitry Esquire replied358 days and 21 hours ago.

Thank you for your follow-up, Jason.

This is a situation for a real estate attorney that has experience with administrative law and with litigation specifically over foreclosures and fraud. That type of an attorney should the experience to deal with a possible fraudulent loan. I am afraid that I cannot provide you with a personal referral as that is against JustAnswer site rules, but I can suggest that you consider browsing the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise. It is also a good way to review past client testimonials and peer driven evaluations.

Good luck.Dimitry Esquire41086.2413817477

Expert TypeAttorney
Category: Real Estate Law
Pos. Feedback: 97.2 %
Accepts: 5117
Answered: 6/26/2012

Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

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