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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118783
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Please help.. I seperated from my husband in 2010 and left

Customer Question

Please help.. I seperated from my husband in 2010 and left our house. He stayed for sometime and then left the home as it was in foreclosure. it has been empty for 2years.. i was recently contacted from my bank that i could get a Hemp modification-but it would have to be owner occupied.. I then found out online- that the HOA did there own foreclosure and took our names off the deed and put there name on the deed. Both myself, and the bank never got notice of this.. i have been trying to get answers and cant.. the lien was for 6,893.00; today i was told that the lien is seperate- that is with the current management of the HOA.. but the actual HOA did the foreclosure so they could take care of the property.. was this legal? how can I get my name back on the deed so i can move in and start the modification..? Can i legally move back in with my name on the note of the loan, but my name not being on the deed?? are they considered the legal owner? please help.. lisa XXX-XXX-XXXX
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The mortgage company, as a first lienholder, has a right to object to this foreclosure as do you if you never received proper notice of the HOA foreclosure. You need to notify the bank first of all and let them know what the HOA did.

Second, if you want to get the house back, since you are still on the hook for the mortgage, you would need to go to the court where the foreclosure was conducted and file a motion to vacate the foreclosure and seek to have a hearing.

You cannot get back into the house until you vacate the foreclosure, since the HOA is right now the actual legal owner.

At this point, you would want to consider using a local consumer protection or real estate law attorney to assist you to seek to reverse the foreclosure.

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