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FLRealEstateAnswer, Attorney
Category: FL Real Estate
Satisfied Customers: 28062
Experience:  Experience handling landlord/tenant issues, mortgage foreclosures, eviction, purchase and sale agreements
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If your home has been sold in a foreclosure sale, but you were

Customer Question

If your home has been sold in a foreclosure sale, but you were never notified and now your HOA has removed you from Security, so you can't leave, is there someone to help you?
Submitted: 2 years ago.
Category: FL Real Estate
Customer: replied 2 years ago.
I am handicapped, on disability. I need to go to my doctor on Monday, but if I leave, the HOA, Security, and new potential owners won't let me back in the gated community. I am out of my medication. My lawyer recused himself in April and I didn't know the house even had a sale date because they still send KEL all of my mail. How do I get an emergency hearing in front of a Judge. I'm trapped. The foreclosure sale has happened. They were given a certificate of title before the Motion to Confirm the Foreclosure before the Judge has even happened.
Customer: replied 2 years ago.
I need help.
Expert:  FLRealEstateAnswer replied 2 years ago.
Good morning. I certainly understand the situation and your concern. Once the foreclosure process started and you knew you were not able to save the home, did you make any arrangements to find new housing? Also, since the home was sold and title was issued in the buyers name, have they started the eviction process against you? In addition, have they deactivated your pass to enter the community?
Customer: replied 2 years ago.
I was the person that initiated a loan modification before my father (who was on the title and mortgage as owners and tenants jointly with right of survivorship) passed away. Wells Fargo guaranteed me I would be approved after I summited all of the documents request of me. I needed to show more income, so they suggested a tenant. I did find a tenant, signed lease, and verified three months of income per Wells Fargo. I took in three month payment upon signing of lease. I conference called HUD Hope line with Wells Fargo and confirmed that I qualified for many of the programs that they offer. At this time Wells Fargo stopped taking my payment, when asked why I was told to hold them until re modification was final, and first payment was due. During this time I presented my paperwork four times, as well as including my fathers death certificate. I had to deal with a death in the family out of the country. Before leaving I spoke with my case worker and she said everything was ok and there would be no problems. As of November 24th 2013, all communication with my case worked ceased. From this date until February, I called numerous times, tried to speak to upper management, VA division (as my father was a 20 year retired USAF vet), as well as their collection department. All I received were hung ups, voicemails, and no responses to emails. I was never informed of their decision, nor did I ever speak to another person about this. In April 2014, I was served with a foreclosure notice by a sheriff on behalf of Deutsche bank. I did not know I was denied the re mod and had no idea who this bank was. As stated before the deed is a suvirorship, and I was not aware until recently that Wells Fargo handed me over to Deutsche on October 3rd 2013 as per court docket assigning me directly in to their defaul department. Befor seeking an attorney I had filed for allotment of time. During this time I went to legal aide and sign with Sandra Powery. She explained she would have to resubmit allotment request with answered as to why time needed. During our one and only meeting, she explained that she could only handle the foreclosure issue. She stated that she did not have the staff or resources to fully fight the foreclosure, definitely could not assist me with the numerous requests for modification, that I would need to hire an attorney to also handle the probate and or taxes needed to be filed. I called HUD again and they said I still qualified, but that I needed to get legal help and to see if KEL Attorney Law Firm would take my case but on payments because of my income. After meeting with them for three hours, providing them all documentation, having a conference call with their senior counsel, and of course borrowing $2500 from my prior employer to retain them, with an agreement that they would "do it all" as long as I paid them $500 per month plus $250 for any taxes, etc. I told them it would be hard to do, and they suggested not paying the HOA. Luckily that is one piece of advice I did not take. To date I am current on those fees. Anyway, KEL never filed the taxes, never filed probate, did not show up to the Foreclosure hearing, refused to return phone calls, emails, etc. They, per the court docket, had one attorney quit the company, one recluse himself from my case, and one never show up. I found out that a Judgment of Foreclosure was awarded against my deceased father for non-responsiveness. I found this out, not from them, but from Amerihope Alliance, LLC. After speaking with a HUD counselor again, much agonizing, and providing them with every financial, legal, and personal document available to me I decided to give Amerihope a chanc. After they had their Senior Attorney review all of my financials, to make sure they could practically guarantee me a loan modification before taking me on as a client, I signed with them. They had a client web portal that showed they were able to get the exact same modification rate and payment HUD said I was entitled to. During the 45 days they worked on my case I did research of my own and found out that I could file bankruptcy and force the modification, as opposed to continuing to submit RMA after RMA to no avail. Amerihope didn't like that thought when I brought it up. They advised me to hold off on filing until two days before the sale date (which I still didn't know when that was). It would be better to pay every month to have Amerihope negotiate until the last minute. Then I could re-retain them to be my bankruptcy attorneys. However, I told them I couldn't afford to retain them for that and so on that date they dropped me. They would not tell me whether or not the modification that they said they had negotiated for me had ever been submitted. They refused to take my current payment, and actually refunded me my deposit stating that they should have not taken the case because they were never going to be able to get a modification. No, to answer your ?I didn't prepare to lose my home
Expert:  FLRealEstateAnswer replied 2 years ago.
Thank you for the additional information and I am sorry to hear about how mislead you were by these various companies and firms. If the home has been sold at auction and certificate of title was issued to the buyer, you are no longer the owner. If the current owner wants you out, they would now have to proceed with eviction. Seeing how there is an HOA, the HOA can deny access to common areas such as the pool, gym, clubhouse, etc. However, they can not deny you access to the property and prevent you from entering your home, since that would be construed as a form of self-help, in the eviction process. It is essentially a lock out, which they can not do, unless they have a court order that says they have the ability to not allow you to enter and access the property. They would need a court order for this and would have to go through the eviction process. If they are not going to allow you to re-enter, if you leave, then you would need to proceed through the court and obtain an emergency order AND can sue and go after them for damages, since they can not lock you out of your property. Moreover, all notices should have been sent to you. If your attorney withdrew from representation, they should have advised the court of a new forwarding address for you and if they still received court papers, forwarded it to you as well. If you do have concern about how they handled things and how they failed to act, you can also file a complaint against them with the Florida Bar. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  FLRealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!