Away we go from the Valley Joe...to walk or not to walk...yet.

Pejutah

LoanSafe Member
Sep 18, 2011
322
5
18
Bay Area, California
Update and input needed! Tom? Freedomwon???

Welp, I no longer own my house..... I got home to look at recontrust site and it said online that it had gone BACK to the beneficiary....so I thought, OK that's GREAT!!!

Got home, keep in mind, this happened at nine a.m. today....and there was already a realtor note on the door regarding contacting so that we can discuss vacating property. I called thinking this was a realtor for the bank....um...no.

Apparently, it was a MISPRINT. I asked him if he was the realtor for bofa, and he said no, it sold to a third party and he respresented the investment group that bought the house (for 70k...criminy) and that it must be a misprint on line. He was nice enough and apologized that it had 'come to this' and then, when I told him I had no place else to live and couldn't see finding something before the holidays, he asked if we could meet to 'discuss' the next steps, and that he was 'here for me to help me as much as he could and make the transition a smooth one for everyone involved."

Then he asked if he could meet with me soon, this weekend, and discuss what sort of agreement we could come to. I told him I was worried and that renting was really hard right now and how work was rough as I'm an educator etc.....
But here's the deal:

he said he wanted to take a WALK through the house and inspect it.....can he do this? Do I have ANY rights any longer? What should I do when he gets here? THere are things here, my ceiling fans, electric lights etc...that I want to keep and move to a new place, and if he sees them, well,,,,,there goes that, right? How do I handle this? He said he wants to walk around the property. Do I have to let him? I mean, in the interest of him allowing me to stay another 35 or so days...well, should I be kissing this guys arse?? I do not want him to show up and say I have to leave all my appliances behind, coz I bought them and want them...you know?

Help guys!
 

LiveAndLearn

LoanSafe Member
Oct 30, 2012
14
0
1
I do not want him to show up and say I have to leave all my appliances behind, coz I bought them and want them...you know?

Help guys!

Hi, forgive me for just jumping in, I'm in the Aug/Sept 2012 Walker Club... I think that if you bought the house with appliances, you need to leave the house with appliances. If you replaced the dishwasher, you still need to leave a dishwasher because the loan covered a house with a dishwasher and your debt has now been forgiven and if you take the dishwasher, you can be accused of theft.

If the house did not have ceiling fans and you installed those, you can probable take those.
 

MargaretC

LoanSafe Member
Jan 4, 2010
522
1
18
Bay Area, California
I'm sorry Pejutah! I was keeping my fingers crossed, but I guess that opening bid appearing was a big clue you were going to auction. I've been thinking about you al day wondering what happened.

I don't know the answers to your questions but I know someone will chime in.

Take care.
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
85
48
SF Bay Area CA
Pejutah

You need not allow that RE agent into your house. Even though the foreclosure took place and he represents the new owner, you still have legal possession. As I explained in some detail in a prior post, a trustee's deed does confer title but not possession. You are still in legal possession. Although this RE agent wants to inspect the interior, I recommend you not allow it. As far as "discussing" your move, it will be more than a discussion; it'll be a negotiation. It would behoove you to decide on your targets (goals) in regards to cash incentive and time to vacate. I recommend you decide what you want and need. Then when you negotiate, ask for more $$ and a longer time than your goal. And REMEMBER, in a negotiation the first person to name a price (offer) loses. If it were me I'd say very little and wait for him to make an offer. And I would definitely NOT DO MUCH TALKING, mostly just LISTEN. You might read some negotiating tips contained in post #5 of the following thread. http://www.loansafe.org/forum/debt-settlement/37996-strategy-settling-your-2nd-94.html And BTW, I completely disagree with LiveandLearn. Take whatever you want from the house and don't worry about it.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
Pejutah - I completely agree with TomEason. Do not let the agent inside the house under any circumstances. Ideally, you want to negotiate the longest amount of time to remain in the property along with the highest C4K's dollar amount. If you wait for him to make the initial offer, whatever it may be, be clear that won't work for you then ask for more time & more $.

I'm sorry the house sold today. I know it's hard going through this. You're going to come out on the other side stronger than ever, I just know it!
 

Pejutah

LoanSafe Member
Sep 18, 2011
322
5
18
Bay Area, California
Weird...

I got home the other day to find another realtor letter, this time the traditional one I'd expected had the house gone back to the bank stating that my house appeared abandoned etc....(most certainly does NOT) and that I should contact so and so from BAC co. etc...

SO of course, I flipped out. Got knickers in bind about the potential that the pond-scum guys who bought the place as third party were actually scam artists looking to bilk me somehow. Contacted the BAC realtor guy and he was floored as well. But in the end, several phone calls and one visit to recontrust's site later, it's true the third party guys bought it...poop. I feel it would have been far more cut and dry to deal with the banks than these guys who keep coming up in searches on line under the heading: Flipping in the Ghetto, about evil house flippers. So I think they are kinda hard-core about their money and what they are willing to deal with/do.

I'm still not sure what I will do when push comes to shove about letting these yokels in the house when they arrive with their greedy arses on my porch. I'd like to negotiate the C4K dealio and about 4 more weeks time, but honestly, I'm not sure how that even goes down where third party types are concerned.

I've scoured the threads here and it seems it is rare the third party types give out the cash incentives to move, so there's not really any good thread on how to negotiate that outside of the bank process. It'd be great if they ponied up my moving expenses. The new house has nasty old windows that need replaced...and the less I spend up front the better.

Anyone have any ideas on third party negotiations or experience with that sort of thing?

Anyway, kind of a pretty Saturday out there. I've got the folks coming for tofurkey day, and am hoping not to be doing dishes in the basement post-potato peel disaster as I'd posted (amazingly) last year. Hard to believe I've made it past the one year mark on the journey here.

Tempus doth most surely fugit.
 

Pejutah

LoanSafe Member
Sep 18, 2011
322
5
18
Bay Area, California
Tom,
I took down my chandelier/cieling fans last night and we replaced them with cheapo home depot ware. Will continue with shelving and what not this evening.
I put em up and in, I'm takin' em with me!
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
85
48
SF Bay Area CA
Hi Pejutah

Tom, I took down my chandelier/cieling fans last night and we replaced them with cheapo home depot ware. Will continue with shelving and what not this evening. I put em up and in, I'm takin' em with me!
Good for you! In reference to your questions about negotiating with the new owner, please refer to post #465. Occupants can and should be always negotiate with the new owner; your new owner will consider a cash incentive for your voluntarily vacating. It's much better and preferable for them than having to initiate unlawful detainer.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
Tom,
I took down my chandelier/cieling fans last night and we replaced them with cheapo home depot ware. Will continue with shelving and what not this evening.
I put em up and in, I'm takin' em with me!
Pejutah - I'm just pleased as punch that you took down the chandelier & ceiling fans. If you're looking for real cheap replacement stuff fixtures & home improvement stuff you might try Habitat for Humanity restore (if you have one in your area). If you've got some nice blinds, you can always just hang up an old sheet in it's place.

I remember your potato peels story! LOL Yes, I spent a Thanksgiving rinsing dishes in the bathtub after clogging up the pipes with peels. I've found 2 methods that work. One is to flip on the disposal after peeling every 2 potatoes. The other is to put on side of a plastic bag handle over the faucet, open the bag & peel right into the bag. Helps save on the mess & no risk of clogging the disposal. Thanksgiving may be a bit bittersweet for you knowing it's your last holiday in that home but on the other hand, you will go on to create new memories in your new home. How's the inspections going so far? Hope that process is moving along smoothly for you :)

In regards to the pond scum, the next time they make contact, I would not let them in the house under any circumstances. You are open to considering an attractive offer for vacating the property & for them to submit their offer in writing & you will take in under consideration. That's it period. That's all I would say. Right now it's all about negotiating & buying yourself time.
 

Jeffrey L. Shurtliff

LoanSafe Member
Dec 4, 2010
3,823
139
63
Posting a No Trespass sign in the front window on the inside will solve any trespassing. Understand that is a third party investor bought your home and this can be verified by viewing a copy of the Trustee's Deed at the Recorder's Office. Anyone claiming to be the owner MUST supply you with a copy of that Trustee's Deed when giving you a Notice to Quit. Pursuant to the law, they must give you a Notice to Quit. Some third party agents circumvent this and they will seize the property and when the law is called, most of the time they will do nothing. If this happens your possessions must be held by the investor for your pick up.A no Trespass sign is mandatory here............Jeffrey
 

Pejutah

LoanSafe Member
Sep 18, 2011
322
5
18
Bay Area, California
Posted the No Trespassing signs on both front window and the front yard. Pit Bull might be more effective in this area of town, 'though!

-------

Update, kinda:

Did not let the new investor pond scum in the house this past week. We negotiated on front steps. Well, THEY negotiated. I played dumb as if I had no earthly idea how this all goes. Simply said I had very little money, and needed time to find a place. They were floored by how well I'd kept the place up, and how I'd poured 'heart and soul' into it etc... But I cut them off and said, yeah, well, it's just business, isn't it?
They didn't know how to take that.
And then they went on to ask about the neighborhood, crime etc....to which I replied: Why do you guys care? It's not like you're going to actually LIVE in this house, right?
They didn't know how to take that.
Told them I could not possibly move as I had no place to go and no money.

THEN they started pushing renting my own house from them...HA! No, I think not. Told them (and it's true) that it would be too tooooo heartwrenching and I really needed to get out of here for health reasons. (let them wonder.)

In general, nothing was settled. They said they'd have to talk to their partners and would call me early this week....which bought another week in the house.
I do hope they will shell out cash for keys for me, but frankly, I doubt it. When I said I'd need cash to move, about 3k, they looked at me like well, golly, we have never heard such a thing.... And I'm so tired of this whole ordeal I just want to be done before Solstice hits. Cash for keys or no cash for keys. If I can make it here in place till about the 15th, or 20th, hooray. If not...well, I hope their next five flips are flops and they get bitten by the Cartesian wheel backlash that is what goes around comes around!

I'm ready for the new life...


And hey, Freedomwon! We DID have garbage disposal madness again! Dad was doing dishes and had swiped the sink beforehand, taking along a wine bottle foil thingy which stuck in the disposal. This time, no plumber needed---just a hard hit with a broom and a couple turns of the screw thingy.....
I've decided I won't at all miss the hinky way this house is wired.



We clear escrow in two weeks or so,
 

bcabo

LoanSafe Member
Jul 11, 2011
129
1
18
Northern CA
I'm ready for the new life...

We clear escrow in two weeks or so,
That's exactly what you are giving yourself, a new life! I'm so happy to hear you are in escrow on a new place! And it sounds like a move date may be close! Keeping my fingers crossed that all goes well and you will be tucked into your new house by Solstice.

As far as dealing with the sleazy flippers, you've gotten this far. You can get the rest of the way, no problem. All they are is a bump in the road.

Off-topic, our old house is on the market. I laughed when I read the listing, "An oasis of serenity awaits you." Ah, realtors. Gotta love 'em!
 

Pejutah

LoanSafe Member
Sep 18, 2011
322
5
18
Bay Area, California
Away we go from the house one house in Valley Joe, to the next....

Well, dear loansafers, here's tonight's update.....

I called the new owner and said: I left the keys at the house in such and so place. Take her, she's yours.

Four weeks of near complete insanity, several moments of utter meltdown (think 'pulling the covers up and screaming into the pillow with tears streaming down face and in full slobber mode' kind of meltdown) many, many excruciating days of (and still many more to come) fingernail, and back breaking lifting, toting, and yes, digging, (my hands are so sore and cut up and blistered I can barely make a fist!) four trips to the recycler, six trips back to old house for various things I chose not to leave behind (e.g.: My old sconces, shelves, closet rods, drip timers, lilacs, freesias, and a truck load of lemons) it seems I am lying here on the couch I very nearly left behind, firmly ensconced in the new house.


It is my first night alone here and the place feels foreign, not my own, and a bit, well, dang it it's cold in here!

....my dear parents came up to help me move(giving up their Christmas with the grandson down south in the bargain), as did my groovy man...and a host of good friends.

I had so much love on this wild trip it was unbelievable....an old friend showed up on the day of the move and delivered a bus load of delicious Piedmont Grocery food, and cookies! Another showed up a week later with still more food..and wine!!! And then the new neighbors (who are oddly friends with my OLD neighbors) showed up with a glorious holiday basket of oranges and cakes....and MAN was all of this appreciated and needed.

None of us could lift a finger to do a danged piece of cooking after all the hard work (relentlessly hard---one forgets how rough moving is), and all of that good stuff kept us sustained during the idiotically long hours of moving. Who knew I had so much danged STUFF!!! (MENTAL NOTE: NEXT MOVE, LESS STUFFFF.)

In the end, yes, it was incredibly soul killing to lose my house. I loved that rough old girl. I loved her so much that when I left, I put on my darkest lipstick and planted a big red kiss on her cool white walls. I'd wanted to leave a "this old house" style note someplace...let the future owners (maybe far, far into the future) know how much those plaster walls and flooded basement tiles meant to me, and the nasty time frame and era that took her from me. But in the end, I didn't. I sat myself down and had a long talk with my overly sentimental self, and said, "Pej, girl, this here is business....don't forget that."

So....what have we got here?

A ranch house (I subscribed to a mag. out of Portland about ranch houses...trying to fall in love with the style I so loathed growing up,) that is twice the size of my old beauty. Plain, but substantial. A total blank slate. Room for an art and music studio. Room for a garden, although all dirt is besieged by the kind of gravel that was popular in the seventies. Safer neighborhood....with neighbors who seem to take care of their places and walk their dogs in spite of the rep that Vallejo has. A formerly free roaming cat that is now unhappy to be kept in...he'll get used to it, as will I, I suppose. A huge power line roaming through the back yard (I did buy that EMF meter, and the EMF readings are about the same as my other house, standing under the lines, weirdly....) and a sore back. A FAR cheaper mortgage, although the property taxes are more...darn it. And way more bang for the buck....but....

In all, I feel like a foreigner in a new land. This odd ranch house is NOT my house. It feels big and empty and cold. REALLY cold.
In time, I hope it'll feel like my place. I'm a little freaked out to spend the night here sans helpers for the first time and deal with the noises a new place makes that are unknown but normal. But, in the end, I had no choice. Staying on in the lathe and plaster of the old place would have been financial suicide...this was necessary for my future well being. So many things were coming due on her that I would never have been able to take care of, flooded basement aside...she needed new electrical, new roof, new new new...and I could never have done it. I could have stayed ten or twenty years and never broken even....ever.

I took a look at my credit score and it's now 677. Weird. Went up 20 points. I've heard not a peep from any bankster. No phone calls. For now, it seems (knock wood) that I've made it to the other side...and in far better shape than many. For this I'm quite grateful. The universe is a strange animal. Things were pretty hard for a lot of years at the other place----it is my hope that this new one will bring better luck. The luck the last one ought to have brought.

Right now, it all seems weird and surreal.

I'll keep posting because Loansafe and it's people were so good to me, and it seems like not enough folks poke back in to give updates about the post-foreclosure journey.


Meantime.....one year and three months to the date....here we are. Here we are indeed.
 

MargaretC

LoanSafe Member
Jan 4, 2010
522
1
18
Bay Area, California
Well, dear loansafers, here's tonight's update.....

I called the new owner and said: I left the keys at the house in such and so place. Take her, she's yours.

Four weeks of near complete insanity, several moments of utter meltdown (think 'pulling the covers up and screaming into the pillow with tears streaming down face and in full slobber mode' kind of meltdown) many, many excruciating days of (and still many more to come) fingernail, and back breaking lifting, toting, and yes, digging, (my hands are so sore and cut up and blistered I can barely make a fist!) four trips to the recycler, six trips back to old house for various things I chose not to leave behind (e.g.: My old sconces, shelves, closet rods, drip timers, lilacs, freesias, and a truck load of lemons) it seems I am lying here on the couch I very nearly left behind, firmly ensconced in the new house.


It is my first night alone here and the place feels foreign, not my own, and a bit, well, dang it it's cold in here!

....my dear parents came up to help me move(giving up their Christmas with the grandson down south in the bargain), as did my groovy man...and a host of good friends.

I had so much love on this wild trip it was unbelievable....an old friend showed up on the day of the move and delivered a bus load of delicious Piedmont Grocery food, and cookies! Another showed up a week later with still more food..and wine!!! And then the new neighbors (who are oddly friends with my OLD neighbors) showed up with a glorious holiday basket of oranges and cakes....and MAN was all of this appreciated and needed.

None of us could lift a finger to do a danged piece of cooking after all the hard work (relentlessly hard---one forgets how rough moving is), and all of that good stuff kept us sustained during the idiotically long hours of moving. Who knew I had so much danged STUFF!!! (MENTAL NOTE: NEXT MOVE, LESS STUFFFF.)

In the end, yes, it was incredibly soul killing to lose my house. I loved that rough old girl. I loved her so much that when I left, I put on my darkest lipstick and planted a big red kiss on her cool white walls. I'd wanted to leave a "this old house" style note someplace...let the future owners (maybe far, far into the future) know how much those plaster walls and flooded basement tiles meant to me, and the nasty time frame and era that took her from me. But in the end, I didn't. I sat myself down and had a long talk with my overly sentimental self, and said, "Pej, girl, this here is business....don't forget that."

So....what have we got here?

A ranch house (I subscribed to a mag. out of Portland about ranch houses...trying to fall in love with the style I so loathed growing up,) that is twice the size of my old beauty. Plain, but substantial. A total blank slate. Room for an art and music studio. Room for a garden, although all dirt is besieged by the kind of gravel that was popular in the seventies. Safer neighborhood....with neighbors who seem to take care of their places and walk their dogs in spite of the rep that Vallejo has. A formerly free roaming cat that is now unhappy to be kept in...he'll get used to it, as will I, I suppose. A huge power line roaming through the back yard (I did buy that EMF meter, and the EMF readings are about the same as my other house, standing under the lines, weirdly....) and a sore back. A FAR cheaper mortgage, although the property taxes are more...darn it. And way more bang for the buck....but....

In all, I feel like a foreigner in a new land. This odd ranch house is NOT my house. It feels big and empty and cold. REALLY cold.
In time, I hope it'll feel like my place. I'm a little freaked out to spend the night here sans helpers for the first time and deal with the noises a new place makes that are unknown but normal. But, in the end, I had no choice. Staying on in the lathe and plaster of the old place would have been financial suicide...this was necessary for my future well being. So many things were coming due on her that I would never have been able to take care of, flooded basement aside...she needed new electrical, new roof, new new new...and I could never have done it. I could have stayed ten or twenty years and never broken even....ever.

I took a look at my credit score and it's now 677. Weird. Went up 20 points. I've heard not a peep from any bankster. No phone calls. For now, it seems (knock wood) that I've made it to the other side...and in far better shape than many. For this I'm quite grateful. The universe is a strange animal. Things were pretty hard for a lot of years at the other place----it is my hope that this new one will bring better luck. The luck the last one ought to have brought.

Right now, it all seems weird and surreal.

I'll keep posting because Loansafe and it's people were so good to me, and it seems like not enough folks poke back in to give updates about the post-foreclosure journey.


Meantime.....one year and three months to the date....here we are. Here we are indeed.
Congratulations Pejutah! You are through the worst of it I believe. I SO relate to the feeling of the first night in a new house. I remember that feeling when we moved to the house we are walking away from and I was dying to move out and into that house. I think it just is a part of moving, no matter what the circumstances.

We also moved, a few weeks ago, and I felt that same way a bit, though we lived in this house before. Becasuse of that it was strange in it's own way, but I have to admit, this is a much better house for my family and I can't believe what I put up with in the other house! And, btw, it's a rancher! I like ranchers! We moved from a raised foundation to a slab and I prefer that for some reason. It's less noisy. Even outside, I like to walk on the cement rather than rattling loose wood deck boards.
I like to be on the ground. :)

We still have the other house, a family member is living in it for now and it's been transformed into a stinky bachelor pad - LOL! I hope it gets sold soon, I keep checking recontrust and there's no bid number yet. The next auction is in a few weeks.

I KNOW you will create something special in your new house and it will be home. Best to you and Happy New Year!
 

spookicatsocal

LoanSafe Member
Mar 14, 2012
32
0
0
So happy for you!!!!

Hi Pejutah,

I haven't been posting because I am in limbo land over here...just waiting for an NOD. I get anxiety if I think about it too much so I just pop in once and awhile to check your posts. It has given me great comfort over these months to read your posts and see that someone else is having the exact same fears, anxieties, and high hopes for the future that I am. I love my old house too and it will be sad and stressful to find a rental with two little kiddos, two giganto-dogs, two cats, and a hamster.......in fact right now it sounds darn near impossible. ROFL

Anyway, I think your story is a huge success. You were able to buy a new home which is fantastic, you will have so much room to create anything your heart desires, and soon I bet that ranch will grow on you!!! Congratulations!!!!:bigsmile:

Positive and wonderful vibes are being sent your way from Socal. I hope you build a fantastic future in your new home.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
Hi Pejutah - Just wanted to stop in & wish you a BIG CONGRATULATIONS!! Happy New Years in your new home! What a journey you've been on. From this day forward, each day gets a little easier. You may still find yourself going through the letting go process of your old home but as you focus your thoughts & energy on your new home, thoughts of the old home will begin to fade.

I was glad to hear you got the EMF meter & the readings came out low (much to our surprise). That is excellent news. I'm very excited for you with all the new space you'll have for a garden this spring. Wishing you all the best in your new home!

P.S. How about skipping potato peels down the drain? Don't want to see you go through that again! Use them for compost out in the garden.
 

bcabo

LoanSafe Member
Jul 11, 2011
129
1
18
Northern CA
Congratulations, Petujah! You are starting a new year and a new life in a new home. I know it isn't exactly what you envisioned, but I bet you make it your own in no time flat. I'm so happy for you! You should be proud of yourself for weathering this storm and coming out on the other side, a lot of people can't or won't take charge of their lives the way you did.

Proof that the banks are a big jumbled mess; we got a letter from Chase telling us our home insurance on our foreclosed house expired on Oct. 23 and we had better get coverage on it NOW. Or they will get a policy and stick us with the cost. Um, well, seeing as we haven't owned the house since July, I'm not too worried about it! The right hand does not have a clue what the left hand is doing.

Here's to 2013, a better road lay ahead for all of us!
 

Pejutah

LoanSafe Member
Sep 18, 2011
322
5
18
Bay Area, California
Update and tax question: 1099 etc....

Hello loan safe people.

A month and a half has gone by in the new house. It's pretty peaceful here so far. No loud partying, no dudes cruising for drugs....No gang stuff in this part of the Valley-Joe, I seem to only see older folks walking dogs..and they are not pit bulls for a change!....sadly, I have had my mail stolen twice so spent yesterday installing a locking box on the post. Girls with Tools! Rawr!

Today, I went to pick up the mail that had been held by the p.o. while I dealt with the new mailbox thing, and found that well fargo had issued me a paper that says

2012 1099-A, Acquisition or abandonment of secured property
with box 1-6 filled out with box 5 saying borrower was personally liable for repayment of debt and the total (also hilariously it states the 'fair market value of the loan was 50k---a riot considering the whole HOUSE was bought at auction by evil house flipper for 90k.)

then below that it says

2012 1099-C Cancellation of debt
with amount of debt discharged and the date.


All the foreclosure stuff occurred in November 2012. My loans were purchase money never refinanced loans.

I have no idea what these tax forms mean, but am hoping they don't mean somehow I'm liable for taxes OR that wells (who discharged the loan some time ago) is planning on coming after me.

I'm right, aren't I? Mortgage debt act would cover me... Purchase loan covers me.... and no refinance covers me, yes?

Any help, as always appreciated.

Hope all of the folks out there are doing well.
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
85
48
SF Bay Area CA
Hi Pejutah

Good to hear from you. It sounds like things are definitely better in your new hood, that is except for the mail thefts. I recommend you ignore the 1099; regadless what it says, you're not liable for any income taxes. Unfortunately more than half of the 1099s issued by lenders are incorrct. If it were me, I'd file how I think is best, and I would not include a copy of that 1099 with my filing. Ciao!