Foreclosure in 60563>Question Details

pfv, Home Owner in Naperville, IL

when does "right of posession" vest? At Sheriff's Sale or after Confirmation?

Asked by pfv, Naperville, IL Fri Feb 8, 2013

I was foreclosed upon by a Junior Creditor (inc. Business Debt where i was an Officer), they took my home subject to a USDA 1st. The 1st (W/ prepayment penalties and low income assistance payment re-payment w/ interest, exceeded the market value of the home [by probably 2times its market value]. They failed (or refused) to have the sale confirmed but re-directed the USDA to send payment info to them. USDA, after 6 years sent me a letter making me aware that I'm still the mortgagor and it's not paid off. (Mortgage Fraud/ Identity Thief?) Can I move back in if it's vacant???

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12
the reason I asked you to call is exactly because of this problem in trying to discuss this via this forum. Additionally, there is only one real question that needs to be asked here to get to the bottom of this and it is not one I (or you) want asked here in public.
0 votes Thank Flag Link Mon Feb 25, 2013
Slow down my friend, I did better then read carefully the first time, I copied and pasted your quote and here it is again, but in its entire "context" this time as you say....I did not simply paraphrase as you just did, did you go back and check? you are exactly correct, the problem is in the details.

"the supplier executed the judgemnt as a forsclosure against my house. then refused to pay the first mortgage which exceeded to value of the property."

this is what lead to my questions (your statements, not my interpretations of them)....you said that they refused to pay the mortgage after originally saying they took it "subject to" it.

I did not receive a call from you....630.207.2532
0 votes Thank Flag Link Mon Feb 25, 2013
My first comment/response was correct...this is impossible and crazy to try to discuss via email. Below are all statements that you made in this post, they are inconsistent and contradictory:

"Buyer contacted USDA on the sly had the payment info sent to him and he has made the Payments"

"the supplier executed the judgemnt as a forsclosure against my house. then refused to pay the first mortgage"

"They have been making payments to USDA" "there has been no "Default" that the USDA..."
0 votes Thank Flag Link Mon Feb 25, 2013
tried calling- not sure what you want. But there has been no inconsistencies what-so-ever. "Did not pay the first mortgage OFF" is correct. If you would kindly review I believe you will see that in the context - I was speaking of the requirement that a junior creditor "Foreclosing" pay off all senior creditors in line in order to have the sale confirmed by the court. There are no provisions in law or equity for assuming someone else's mortgage without their consent and the consent of the lender. USDA is the 1st in line and USDA loan is not in default for non-payment. From your other questions it appears that your very quick to think you already understand without really reading. That may be great for sales but since details are what people get in trouble for - it pays to read very carefully and not presume. As to "Due on Sale/transfer" clause in the USDA mortgage - (I'm guessing now) but since no "Confirmation of sale" was entered by the court - TECHNICALLY no sale is yet comple
Flag Mon Feb 25, 2013
call me to discuss further.....
0 votes Thank Flag Link Thu Feb 21, 2013
I am not asking if it was valid or not.......did the title search show a recorded deed/transfer to a new owner or not?
0 votes Thank Flag Link Wed Feb 20, 2013
the title search found the unconfirmed sheriff's deed in the creditor's name filed by the Creditor and also listed judgements against me both earier and later that appear against the title. also noting that the Legal Decription in the Sheriff's deed does not match that of record. this is what I said earlier - they got a sheriff's deed and filed it. I can file a piece of toilet paper and it will show - the registe of deeds is under a Ministerial Duty to file everything and has no opinion one way or the other as to whether it's good title or color of title.
Flag Thu Feb 21, 2013
who has had physical possession over the last 6 years?
was the 2nd loan defaulted on by you?
0 votes Thank Flag Link Wed Feb 20, 2013
A renter has been in physical possession for 10 years - up until 4 months ago. for 4+ year his rents were going to me, then he was paying the other party. As to ant second loan -There was no second mortgage- as I said before from when I was in a small LLC an unoaid debt to a supplier of the LLC is what I was sued for, allong w/ the other officers and the LLC itself. This became a judgement and the supplier executed the judgemnt as a forsclosure against my house. then refused to pay the first mortgage which exceeded to value of the property. (I'm venturing to guess) they could/would not obtain confirmation of sale due to their second-in-line position. but they failed/refused to get final judgement of sale (Confirmation). They have been making payments to USDA while the Mortgage remains in my name. So w/ regards to the Mortgage there has been no "Default" that the USDA is recognizing.
Flag Thu Feb 21, 2013
Although "Buyer" (Junior Creditor obtaining Judgement in Forclosure) did recieve a "Sheriff's Deed" and did file it, no transfer occured because no Final Order was entered due to the "Buyer's" failure to confirm. Buyer contacted USDA on the sly had the payment info sent to him and he has made the Payments and diverted the Rents to do so. USDA is aware of the situation and I have entered a claim against the USDA/Buyer collusion. NO the USDA has not claimed any 'Default" in the mortgage terms although after my claim the entire matter has been forwarded to the National Office and the Attornies there have not yet responded to my "breach" claims, the rep said well technically your still the Mortgager and the loan is current - so we don't think we did anything wrong.
0 votes Thank Flag Link Wed Feb 20, 2013
tell me about the "buyer" and the status of the 1st lien which sounds like has been defaulted on, never settled/paid and seems to be an unresolved liability. did title search show a recorded Sheriff's deed transfer or still in your name?
0 votes Thank Flag Link Tue Feb 19, 2013
according to the Attorney I talked to; The Sheriff's Notice to Vacate overstepped the bounds of his authority - Judgement of Sale isn't final until confirmation and trespass tort claims can be brought - However the Unconfirmed buyer may have the right to have the sale confirmed even though "Tardy". This does not adjudge him w/ rights retrospectively to evade a suit for damages. MORAL - Tell the Sheriff to "get a warrant" (Writ of Assistance) procurable from the Court AFTER Eviction proceedings. If the Sheriff forcably removes you without a Court Order he's liable for Due Process Rights violation.
0 votes Thank Flag Link Tue Feb 19, 2013
Curious to hear what you have learned so far? Have you talked to an atty about this yet?
0 votes Thank Flag Link Mon Feb 18, 2013
I'm truly sorry if this answer offends anyone......but, are you kidding??? Asking a question like this on-line and hoping to get an answer from a Realtor?? This situation is 6 years in the making?? God Bless the Internet because they can't put anything on it that isn't true! Where is your attorney and the stack of documents and documentation/history that must be at least 6 inches high and require 3 hours review by an attorney who specializes in foreclosure law just for starters before anyone can even begin to assess what is going on here??? I love to "play attorney" and I wouldn't touch this with a 10 ft pole. By the way, I assume the general answer to your initial question is that right of possession exists when the court order says it does. If a sale requires a judicial confirmation before it is valid/official then you have your answer. Now go seek professional counsel.

Hope this helps?
0 votes Thank Flag Link Sat Feb 9, 2013
Thanks - but I already got a good answer. Having the Title search done now. If it's not confirmed (like the Sheriff says it's not) then I sue for possession to force confirmation or abandonment of claim. That's really not that hard just needed an outside eye to see the forest for the trees.
Flag Mon Feb 11, 2013
Shoot me the address and I will do a title search to see details.
0 votes Thank Flag Link Fri Feb 8, 2013
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