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Deed of trust of the first and second.... They didn't do the…

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Deed of trust of the...
Deed of trust of the first and second.... They didn't do the foreberance as agreed. I preformed as expected. June 2 notice of trustee substitution and notice of sale... June 4 I paid it up current applied to account June 12 but sold at auction June 14 anyways. June 15 I stopped payment on the check. My name is ***** ***** the mortgage or deed of trust, it's my boyfriends. Served unlawful detainer. 1st hearing went in our favor. Second went to them. The civl judgement order for eviction only lists my boyfriends name. I'm not included. I was recorded as a Tennant rental income was added as an income on bank documents in March. The trustees sale is not on the sales record for the property nor does it appear on deed searches bc he foreclosed on the old deed number. A new deed was issued to 4 property owners in 2015 when the original owner did a partial release of strip mining rights. It changed the tax assessed value and deed book and page.
Since my name isn't listed on the judgement for eviction and the bank has me on record as a Tennant, must I leave? What can I do about the foreberance being a lie basically, the auction happening when the account current and the records still listing my fiance as the owner,,?
Submitted: 8 months ago.Category: Real Estate Law
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Answered in 1 hour by:
10/25/2017
Real Estate Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,214
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 8 months ago

I do not see how they can evict you if you were not named as a tenant here in the eviction orders ,they likely have to refile against you and reserve, etc.You could challenge the foreclosure in a civil suit claiming fraud and related errors.You are likely going to need local lawyer to file that suit to set this aside.If the sheriff comes to evict, point out the orders do not name you at all. This should buy you more time, maybe another month at least.

I appreciate the chance to help you today, prayers to you.

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Customer reply replied 8 months ago
The entire case was information directed towards my fiance, the home owner. I wasn't addressed in a separate manner, as I should have been considering I'm not a party of the deed of trust, the bank had me on record as a Tennant prior to beginning the foreclosure process, they did not serve me personally at type of notice of any kind prior to the trustee sale or after and lied to a disgusting degree in the original complaint, which their own testimony confirmed. They specifically said their sworn statement was not true. Being in magistrate it was the wrong venue to argue ownership, that the land record does not reflect the sale, he hired the wrong deed book and page and provided a statement that we stopped payment on June 12 not June 15. Presenting a letter from a payment process center, saying it was guaranteed to he delivered by June 8 and wasn't so please do not hold us responsible for any late fees or report any bad credit associated with the payment not being delivered as guaranteed. They said that statement was proof of the date of the stop payment. What can we file to bring the fraudulently statements and misrepresented evidence to the attention of the court to stop the eviction ?
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

Well as far as eviction you were not properly named as a tenant.If you want to challenge the foreclosure ruling you would need to do a notice of appeal and appeal to the court of appeals.

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Customer reply replied 8 months ago
The plaintiff attorney, the same substitute trustee who wrongfully sold the house, sent both of us letters advising us to vacate in accordance with the court order by October 31 at midnight or be "removed by the Sheriff department with whatever degree of force deemed necessary by the bank to ensure our cooperation" so what do I do if they show up and the attorney somehow convinced them it was just and error not putting my name in the eviction order as I'm clearly a co-defendant at the top of the order. Can I attach the eviction order with our info blacked out for you to see exactly what I'm trying to say
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

Sure..

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Customer reply replied 8 months ago
I'm trying to confirm my interpretation is correct in Reading this order and have marked the page accordingly.
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

You can argue that you were not properly named here.I would tell you to go on and get most of your stuff out because when they come here its a you have to leave and cannot come back to get stuff.So get most of your stuff out leave some small stuff just in case here.Cover all your bases. Prayers to you here.

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Customer reply replied 8 months ago
Can I do a motion to vacate judgement due to fraud or a motion to reconsider bc of fraud to set aside the judgement for eviction? Can I get a TRO as a Tennant to stop them from even attempting to remove me?
Customer reply replied 8 months ago
Can I do a motion to vacate judgement due to fraud or a motion to reconsider bc
of fraud to set aside the judgement for eviction? Can I get a TRO as a Tennant to stop them from even attempting to remove me?
Real Estate Lawyer: Ray, Lawyer replied 8 months ago

You should try all of this here, it is desperation time.I would seek the TRO and motion to vacate on the foreclosure.

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