So I have been on the phone alot for the last few days. This afternoon I finally got some where, but it isn't much in any way, good or bad in my opinion.
I found out that we lost the lawsuit because (by WI state law) we can't sell the property due to the land issues. Which means it was all not ours really to begin with. The title company did wrong in the surveys of all the land and our lawyers also represent them, so as a matter of conflict couldn't represent us as well.
The township we live in requires that you have 2.5 acres in order to live there ..(um not written the right way) .. and we were supposed to have 3 acres.
anyway, we lost the land which means we lost the house - the mortage and taxes could not reflect the payments.
So yea ... this is ALL soo very confusing to me ! I talked to the lady at the lawyers office and she said to write a letter to the judge and ask for an extension in the matter... so I will do that here in a bit, but she says she doesn't know that it will work for us or not.
Also according to her, our property was already sold in April to a "Federal National Mortgage Company".. and the only notice that is required to be had is that it was in the paper, which I did not see - so, to me - I had no notice.
We WERE served papers last year , but I have told most of you all that, we THOUGHT we were waiting for a court date about the matter as we have spoken to lawyers regarding it all .... but nothing ever came, so we were in the wrong. We don't know much about laws or anything to do with the mumbo jumbo and by asking we thought we did the right thing.
I DID speak to a gentleman at our church last night about a house he has for rent in town. I am very leary about this and right now am not wanting to trust very many people. I mean, I do suppose it is better than being homeless, but the house made me cry ... it is horrible and run down and needs so much work and cleaning. He said he was willing to take money off, but I have been there before and don't want to do that again.
I STILL just feel so bad for the kids- that I should have known more and not been taken advantage of this way. They have to suffer for my misgivings and it sucks !
I don't know that we will or won't take that house, I really do not even want to talk about it. I wish someone localy would have bought the property and then I could beg them to let us stay, pay rent to them, etc. Sounds cheesy, but yet I actually might have done it too.
I just wish I knew what to do.... I doubt the judge will even hear the letter that I will be typing and taking there on Monday, but I will try. Other than that, I guess I will have to be boxing up stuff for storage.
I know that we created or helped this mess and the only thing to do now is to try to make the best of a very very bad situation.
I want to be reallly strong ... but man, this is so hard. Please forgive my depression and down attitude. I hope that it hasn't spread to anyone and please don't worry ... somewhere, sometime again. I am sure we'll be fine.
TAMMIE
p.s. I don't think I want to ever buy another house ever again.
I am so confused. You thought you bought 3 acres but you didn't? Gah. I don't even know what question to ask because I am so confused. Is there an old blog I can read? From when it originally happened?
ReplyDeleteI'm confused too. I hope things start to look up for you.
ReplyDeleteI hope the letter helps!!!!
ReplyDeleteHUG!
I must say I'm pretty confused too. So you purchased the house and thought you had 3 acres, right? Does that mean the people who sold the house to you took it back based upon the idea that they couldn't sell it to you because it's not on enough acres?
ReplyDeleteCould you not sue the title company that did the survey wrong? I think I'd be heading on down to an attorney's office and asking some MAJOR questions. Consultations are usually free.
Wow, that was all greek to me...I'm so sorry you are going through this.
ReplyDeleteok...im on my phone so I hope this makes sence.
ReplyDeletewe closed on the house two years ago and we thought we got the house and three acres. Two months literally after closing.. the neighbors behind us owning property next to us forclosed on their home. THEIR bank said that they owned our land and that we did not. So that is what started thw whole mess.. yes.. I wrote a blg about it..but I can't remember what I called it..im not at home so I will look when I get home.
basically we must have sat on our butts too long about the matter waiting for an answer we THOUGHT was coming. but never did.... because the whole thing is gone now.. nothing we can do.
the lady at the lawyers office says to see if someone locally will buy it from them and let us rent... shes seen that happen many times... but I don't... who would do that for me ?
anyway.. I hope that helps...if not ill be here for questions .
Ah, so the bank that foreclosed on your neighbor's home took yours too based upon the fact that the land still belonged to that property because it wasn't suppose to have been sold with less than 2.5 acres? But who sold the property to you? The neighbor's who got foreclosed on? I still wonder if you could go back and separately sue the title company that did the wrong survey for damages.
ReplyDeletethat didn't help.. did it... my brain is scattered.. im sorry.
ReplyDeleteso since our township says you have to have the 2.5 acres the thing was deemed an illegal sale.
we suddenly had no say in the matter and they refused our payments.
our own lawyers are also the lawyers for the title company and say they can no longer represent us. We live in a very small town so the only thing next to do is go to a big city like madison or minneapolis to fight... but at this point we haven't the time nor money.
I can see why the attorney can't represent you because they are representing the title company which made the BIG mistake. I still wonder if you could separately sue the title company for damages incurred by their incompetence. Talk to the courthouse that has your case on file. Some times an attorney who does Pro Bono (volunteers for free) will take on cases or the court assigns them to represent you. Or call an attorney and see if you can get a free consultation.... they'd tell you if you have a valid lawsuit on your hands.
ReplyDeleteSorry, I know I'm tossing lots of ideas out to ya BUT this sure doesn't sound right/fair to me that because of the title companies mistake you're the one to lose. I can see the legal issues as to why the house/land was taken back BUT I'd sure try to get compensated for the damages incurred as a result of the negligence of the title company and/or it's employee who did the survey.
I remembered when this happened because I remember reading it on 360. I am still pretty confused about it..doesnt seem right for you guys to have to go through this as it wasnt anything you did wrong.
ReplyDeleteI hope you get some answers! HUGS
I am confused...but I think I get part of it.....Tammie I hope it all works out....you know that we are here for you
ReplyDeleteHere it is: http://flthrtl2004.multiply.com/journal/item/108/HOME_.......
ReplyDeleteOk, I went back and read the blog that Mel linked us to. So you have thought about suing the title company. : )
ReplyDeleteAnd do I understand it correctly during this time the people who sold you the house/land were foreclosed on and that's what got the ball a rolling?
It is all so confusing and it does sound like a crazy and crappy thing to happen. Hugs to you and your family.
Really...I agree. We've had to do that. You do have rights.
ReplyDeleteI've also lived in "a shack" before...you would be amazed what a coat of paint will do. As long as your all together and safe that's all that matters.
HOLY ! Mel....You went back and found them.... gersh... my heart.
ReplyDeleteand yes.. we did think about suing the title company.. but we nevr could find anyone to represent us. ... nor can we find an affordable one. We did look for pro bono too... but none are near that we could find.
ReplyDeleteYep I remember this and all the hard work you guy did on that to make it HOME...
ReplyDeleteAwww shucks. Twasn't nuthin.
ReplyDelete(i meant finding the old blog)
ReplyDeletehahaha.. I knew what you meant. how cute.
ReplyDeleteim sitting at the park thinking of how all you mean so much to me.... I wish we all lived closer... now wouldn't that be grand ?
it is such a nice day out anyway. ... sigh. but nice to get out of the house.
I would go for the smaller house. I know it is depressing to have to start over from scratch, but a roof over your head is a roof over your head. I think in this situation you don't have a lot of wiggle room to be picky. The man at the church sounds nice enough to work with you on the rent rate, so talk to him about it. (Sorry if all of that sounded bossy but I just wanted to get my point across). :)
ReplyDeleteAs for the fact that your house was lost due to a zoning issue with the zoning on your property, I would most definitally look into going after whoever surveyed the property and falsely sold it to you! That is a load of crap! And I know you said that there were no lawyers close by, but honestly, I am working with a lawyer in my foreclosure that is over an hour away; trust me that they don't have to be close by to work with you. So look into your other options cause you got screwed in this and that is not ok.
Glad that you are enjoying your day at the park1 :)
Geeze. What a shitty situation. I don't understand laws either, I am sorry, I wish I did.
ReplyDeleteI say if there is no way of keeping this house, then rent your friend's house. It is better than being homeless, right? You can ALWAYS move again when you can afford it. Look at the best of things now, and that attitude will get you through this. ((HUG))
You could contact the new owners /the mortgage co and perhaps they'd let you stay longer, paying them rent? Apparently the house can't be sold legally, so what will the mortgage co do with it? Yeah, make the time and effort to find an attorney.
ReplyDeleteI wish I knew what to say...but I really don't!!! Just know I'm here. I've read, but I just am at a loss for words....
ReplyDeleteBig Hugs to you...
Hang in there honey lots of prayers going out to you!
ReplyDeleteI wish I had some ideas or answers for ya. Sigh. I feel so helpless here, not being able to do a thing to help you guys.
ReplyDeleteI really wonder what is going to happen to the house now, with the land all tied up in legal mumbo jumbo..... Debradiane has an idea, what with the fact that the mortgage company can't exactly sell it anyway.... Who knows....
Really, I think I'd search for an attorney high and low even if you have to search farther away then you want. You don't want to get down the road and wished you had tried so you decide to give it another shot then only to be told something like the Statute of Limitations has expired or anything. But that's my two cents.
ReplyDeleteAnd I noticed that some of the others asked what will happen to the house and I wondered the same thing; have you been told that answer? Will it go back to belonging to the other property and then split back up to have the required 2.5 acres? Or will the house be in limbo?
Wouldn't that error be covered under the title policy?
ReplyDeleteTammy, did you purchase a title insurance policy from the title company? If you did, the policy may very well cover this situation and you should file a claim with the underwriter. You won't get your house back now, but depending on your policy, you might get money to buy a comparable home.
ReplyDeleteUm, I actuallly don';t remember .. but I will check .. the hubbs remembers all that stuff better than I do.
ReplyDelete