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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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I moved out of my building on the demand of the mortgage

Customer Question

I moved out of my building on the demand of the mortgage company when they gave me a confirmation of sale date. A year later I find out that the confirmation of sale simply means that the property had the ability to be sold but not sold.
Two years later and Citi Mortgage still refuses to sign the deed and I am still the owner of record even though they have bought the building. Any problems with the building is falling in my lap and I have been to court for debris left by Citi Mortgage. A water bill for water that has been cut off for 2 years growing to $2383. for water that has been off for two years. Insurances for fires and break- ins that I was due I passed on because I didn't think 2 years ago that I still owned the building. Now its going on three years and the Mortgage company still refuses to sign the deed. The Attorney General's office seems to have its hands tied too. Presently, this is keeping me form moving on pass the bankruptcy that I have filed. Suggestions?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Was the property actually ever sold at a foreclosure sale or not?

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If not, then you are still the legal owner of record and there is nothing that would prevent you from retaking possession of the property, renting it, or otherwise using your property.

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Unfortunately you can't force the lender to foreclose and force a sale of it if they don't want to . They seem to be content to not foreclose and keep it in your name so that all the problems come to you and not them. So if it were me, I would figure out some way to make money on their dime because presumably you aren't paying a payment on the property, but it is still legally yours. So if you can rent it or otherwise use it, you can benefit without paying them until they finally get around to foreclosing and forcing a sale.

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thanks

Barrister

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