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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have a home I purchased with my now deceased husband in

Customer Question

I have a home I purchased with my now deceased husband in 2003. In January 2013 I husband and I tried to refinance our home and in this processed we found someone else was listed on our deed without our knowledge. It was told to us our Fire District auctioned our house off in an auction in 2005 or 2006.
We were not notified of the auction and we did not know there was going to be an auction. My mortgage company is not aware of this aforementioned person on my deed either. When I receive my property tax bill, no one is listed, but my name and my husband's name.
I admit we did not pay our fire dues when billed it was an oversight, due to the fact we were not used to paying fire dues. When I ask neighbor about the fire dues, they said I don't pay them because fire department was miss managing the funds. I never did hear from them again, because they auctioned my property off to a lady for 3000.00. I am paying my mortgage payment to my mortgage company every month. We paid taxes on the property until my husband became 100% disable and became tax exempt with the tax department downtown Birmingham. My mortgage company has already start billing me for taxes for my house, because my husband is deceased. I will start back paying taxes for my home in December 2015.
I hired a Lawyer and found out it's possible he was working with the attorney for the young lady on my deed.
I need help! Please advise me on how to proceed with getting this lady off my deed, so I can refinance my house for a lower interest rate and for house repairs. Thanks almost 65 year old Renay
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.

Dear Customer,

You do need to work with a local attorney (if you aren't happy with your current attorney you can switch), but you are trying to reverse an improper lien sale that went through almost 10 years ago.

This is not a simple thing to do, it is not impossible, but it is not something I would recommend doing on your own.

The fire district should bear liability for any money damages involved here (failure to give notice of the delinquency, the lien, and the auction, are all their fault, and create liability for the district).

If you decide to look for a new attorney, You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).