When will they take my house????

mama392

LoanSafe Member
Dec 18, 2008
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A little background.

Last payment 7/2011
Auction 1/2012 with 1 year redemption period.
We had to be out of our house by 1/2013.

We never heard a word for the mortgage company AHMSI in over a year and a half. We had to be out by Jan of this year so we moved out Nov 1, 2012. Found a rental that we love. Tried to call mortgage company to tell them we moved out but no one seemed to care. The mortgage company nor the attorney handeling the foreclosure. We have been out of the house since November. As of this past Monday no one has yet to take pocession of the house. My brother in law was there Monday getting more stuff out and no one has been there. The house is out of my name and has been since July of last year but what do we have to do to make them take over? I did not leave any damage to the house at all even left on the utilities. I'm worried about someone braking in a doing damage and us getting blamed for it. They had the right to the house as of Jan and still have not taken possision of it! I want this done!!!
 

Kenupstate

LoanSafe Member
Dec 11, 2012
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If it really is out of your name it is done but I would suggest you go to the county recorders office and see if it really is filed and out of your name.I am seeing instances where the banks doing finalize the process and it stays in your name indefinately,if that is the case move back in.
 

mama392

LoanSafe Member
Dec 18, 2008
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Thanks. All of our county records are online and it is no longer in my name. It was transferred in July even though we were in our redemption period until Jan 2013. We are no longer listed as owners but The house is a great house it has some issues but I'd hate to see it trashed but being left empty for so long.
 

Evan Bedard

Call 1-800-779-4547
Loan Safe Mortgage
Aug 26, 2007
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San Diego, California
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Hey mama392,

Yes I agree with Ken, this is not your responsibility and it seems like someone at AHMSI has slipped up and did not send a rep down to change the locks or winterize the home since you have been out since Nov.. It is not your fault if someone breaks in the home it is not your property.
 

mama392

LoanSafe Member
Dec 18, 2008
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As long as they can't come after me for anything. I can prove I've been here since November. Not my fault if they dropped the ball I guess
 

Kenupstate

LoanSafe Member
Dec 11, 2012
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You need to get all utilities out of your name,if you wait too long you may not be able to get inside if any of the meters are in there
 

OverandDone

LoanSafe Member
Sep 2, 2011
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Hi Mama392. Maybe you could winterize it then you could shut off the utilities. If it was out of my name and the redemption period is over then I would try not to worry about it anymore. I got rid of my house by calling the attorneys and they filed the paperwork right away but maybe for your peace of mind send them a registered letter telling them the house is vacant?
 

OverandDone

LoanSafe Member
Sep 2, 2011
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Also another thought. Didn't you say there was a realtor who contacted you? A realtor is who actually took possession of my house for the bank so maybe you could ask her?
 

Evan Bedard

Call 1-800-779-4547
Loan Safe Mortgage
Aug 26, 2007
18,837
48
48
San Diego, California
www.LoanSafe.org
Also another thought. Didn't you say there was a realtor who contacted you? A realtor is who actually took possession of my house for the bank so maybe you could ask her?
Good suggestion OverandDone, this realtor is the one who should have gotten everything handled including changing the locks and ordering the home to be winterized..
 

mama392

LoanSafe Member
Dec 18, 2008
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Hi Mama392. Maybe you could winterize it then you could shut off the utilities. If it was out of my name and the redemption period is over then I would try not to worry about it anymore. I got rid of my house by calling the attorneys and they filed the paperwork right away but maybe for your peace of mind send them a registered letter telling them the house is vacant?

I did double check and the utilities are no longer in my name. Thank god. The county does have it out of my name so that's good too. I tried to contact the attorney when we were moving, he said to contact the bank. I contacted the bank and they said to contact the attorney! Well it looks like everything is out of my name and if there is anything wrong it won't be my problem. Funny I just thought they'd be quicker. Now I'm sorry we busted our butts for 3 weeks straight in November trying to get everything out. I thought for sure once they noticed the house empty they'd be changing the locks on us.
 

OverandDone

LoanSafe Member
Sep 2, 2011
785
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18
Great! Since the utilities are not in your name anymore it sounds like they have assumed possession of it even if it just sits empty. So glad this part of it is over for you and you can move forward now.
 

mama392

LoanSafe Member
Dec 18, 2008
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Great! Since the utilities are not in your name anymore it sounds like they have assumed possession of it even if it just sits empty. So glad this part of it is over for you and you can move forward now.

Thanks for all the support Overanddone. Now it's just the waiting to find out what they do with the balance. But I've already decieded if they do come after us we will just file chap 7. It may delay our recovery a little but they can't get another dime out of me.
 

Evan Bedard

Call 1-800-779-4547
Loan Safe Mortgage
Aug 26, 2007
18,837
48
48
San Diego, California
www.LoanSafe.org
I doubt they will end up pursuing you for a deficiency judgement later.. Even in states where a deficiency judgement is obtainable the lender must have significant fund or assets to come after.. Great job always having a plan b and I'm glad to hear everything it finally out of your name!
 

mama392

LoanSafe Member
Dec 18, 2008
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I doubt they will end up pursuing you for a deficiency judgement later.. Even in states where a deficiency judgement is obtainable the lender must have significant fund or assets to come after.. Great job always having a plan b and I'm glad to hear everything it finally out of your name!

Thanks Evan. Feels good to be in a new place we love (even though we don't own it) and the stress relief feels great. Now just to keep heading in the right direction and rebuild our credit and finances stress free
 

mama392

LoanSafe Member
Dec 18, 2008
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Need help with what this means

My house was foreclosed last year. The bank should have taken possesion of it in Jan of this year. As far as I know they have not, but that's a whole other issue.

I have a new question/problem.

I just received notice from Homeward that they are transfering servicing of my loan to Owen. Since the house is foreclosed and they should now have taken over it I really don't have a loan anymore do I? Or is this an indicatiion that they will start coming after us for the remainder of the loan? Also, I noticed on this letter, they have my correct new address which I never gave to them.
 

Evan Bedard

Call 1-800-779-4547
Loan Safe Mortgage
Aug 26, 2007
18,837
48
48
San Diego, California
www.LoanSafe.org
I just received notice from Homeward that they are transfering servicing of my loan to Owen. Since the house is foreclosed and they should now have taken over it I really don't have a loan anymore do I? Or is this an indicatiion that they will start coming after us for the remainder of the loan? Also, I noticed on this letter, they have my correct new address which I never gave to them.
That is strange and I have no idea why they would be sending you such a notice if the home is out of your name and the redemption period has ended.. I'm sorry I do not recall, but did you also have a 2nd mortgage attached to the home, and if so, did you ever receive a 1099 for both mortgages?
 

mama392

LoanSafe Member
Dec 18, 2008
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There is not a second mortgage and no 1099 on first. I actually don't think I will be getting one this year if at all. The redemption period was not up until Jan of this year so If I do get a 1099 I don't think it will be til next year. I just can't see why they are transfering when everything is out of my name. House and all utilities. I just don't think they have actually gone to the house yet to secure it change lock and all.
 

Kenupstate

LoanSafe Member
Dec 11, 2012
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I think you should check at the county recorders office to be sure if it is out of your name or not,you might be surprised.
 

mama392

LoanSafe Member
Dec 18, 2008
157
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Thanks. I've checked, checked and rechecked. The house and all utilities are out of my name and have been for months. The house was actually out of my name 6 months before it should have been.
 

TooBee

LoanSafe Member
Feb 21, 2013
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Over the Rainbow
deeds and title changes and transfers are recorded in ones county seat, or clerks officer, or whatever the system is where you live. so, i would go get a copy of the transfer of ownership make a copy and send it to this Homeward, along with a C & D letter. i would also contact the old lender and ask them what the heck??? maybe they forgot to tell Homeward the house is foreclosed!

nice...lenders .selling houses that are foreclosed to servers. what is next?