Belt Auction

what should i do about my texas foreclosure situation? possible title issues/wrong address on house!?

ok, when i purchased the house it was from a home builder who needed to move as many houses as they possible could in 30 day! i know this because at the time i was working for the home builder. so of course everything was going great UNTIL the day of closing. my loan was completely different at closing, my title paperwork came back with an incorrect address on it (wrong city and zip, but lot block and section are correct). but i didnt question it because the house sat on the border of three different cities and i honestly wasnt quite sure which one it should have been in but figured the title company should have known. on top of that the address on the house was not the legal address of the house which was not discovered until after closing when we had to switch over our utilities! we had to go and physically show our closing papers to get service hooked up!!! to make a long story short. in 2008 we were with countrywide and were in the process of getting a loan modification but while going thru the process boa purchased cw. before the sale of cw & boa we got a letter from cw stating we got the loan modification then three months later got a letter from boa saying it was declined. a year later i was still having to fax, refax and refax to boa to get the modification. two years went by and i was still faxing!!!! and kept getting told they never got my paperwork or that we didnt qualify b/c we made too much money (which was not true they had our ppwk mixed up with someone else). finally we "qualified" to do a short sale, boa sent an appraiser out to the house, everything seemed like it was going somewhere and then bam, it was over. the only answer that we can get from them is "we cant stop the auction of your house b/c its too close to your sale date" but before we were able to push back the "auction" date when it was a week away. at this point the only thing that i can think of is maybe they are having problems with our paperwork and all the wrong addresses, especially the fact that the address listed on the house is not the legal address. could this be a reason to deny modification/short sale?!

Public Comments

1. The best thing you can do now is hire an attorney. You need someone that can send the proper notice to the lender in regards to all the incorrect filing and recording of deed. You also need to know that the builder you were not only working for but dealing with in purchasing your property wasn't totally honest with you and the other buyers. He thought he could pull a fast one on the banks by not reporting what he did or did not do. Because of this he committed Fraud against the public and is legally responsible for all this mess. Do you really think a builder would rush through anything in 30 days unless he was up to no good? On top of all that, Countrywide was committing fraud along with the builder since they were doing the loans. When B of A bought out Countrywide, they could have discovered the problems and didn't want to be pulled in to this mess so they were not going to accept any loan modification or short sale because then legally they could be held responsible for everything that went on. The attorney you hire, may be able to postpone the auction due to all the technical issues involved. This would be the only way to stay in your house while the problems are being worked on. If you don't, you will have to be out of the house before the auction date or else you can be arrested for trespassing.
2. You can talk to a lawyer. A note is secured by a legal description; not an address. "lot block and section are correct\" Thus right property secured by defaulted note.
3. Many homeowners in your position are finding success in reducing their interest rate and principal to current market value by having a financial and forensic loan audit performed on their mortgage by an attorney. During this process, the attorney looks to uncover whether, like many other home owners, you have been a victim of predatory lending, fraud or violations of federal and state lending laws. Once the network attorney has had the opportunity to review the results of the audits they will contact you to discuss the findings and develop a strategy based on your goals. Reaching U Network is a non-profit organization with a community outreach program for helping homeowners find an affordable solution to help save their home. http://www.reachingufoundation.org/foreclosure/