My house was foreclosed on, the sheriff's deed has the wrong legal description, I was just served an eviction notice and it too has the wrong

Asked by Chazmodian, 49546 Mon Jun 14, 2010

legal, is there any prescedence on if they have to start all over or what is your advice? Specifically, I split the lot 3 years ago and sold off the vacant lot and the mortgage co. did a partial discharge (I do have a copy as I had to pay down a portion of the mortgage to get the release) and when they filed the foreclosure paperwork they used the old legal description (BEFORE THE SPLIT), so they foreclosed on a portion they don't even own.

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Kent Brumm, Agent, Grand Rapids, MI
Wed Jun 30, 2010
Hi Chaz,

A real estate attorney is your best bet. However, they are ridiculously expensive. I recommend a life events legal plan with Prepaid Legal. It is month to month with no contract. You get unlimited phone consultation on any matters. The Michigan provider law firm is located in Troy MI. They have attorneys covering all areas of law including real estate.
I have had the service for one year know and would not be without it. If you don't know your rights you don't have any.

Contact me and I will tell you how to get the service. If you want to get the service for one month and cancel. That is what I tell people, then they use it and cannot imagine being without it.

Best of luck!

Kent Brumm

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Derek Bauer, Agent, South Lyon, MI
Tue Jun 15, 2010
I have an excellent real estate attorney. Feel free to email me direct at, or contact me through my Trulia profile and I will provide you his contact information.

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Robb Breen, Agent, Newaygo, MI
Tue Jun 15, 2010
Consult a good Real Estate attorney. As a Realtor that deals with distressed properties I have been seeing more and more just plain sloppy foreclosures in our area. A good real estate attorney will let you know your options.
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Ruth and Per…, Agent, Los Gatos, CA
Mon Jun 14, 2010
Hi Chazmodian:

You definitely need a good Real Estate lawyer.

Check the contract of your sale, if the contract says your present lots will be deemed as collateral
and can be foreclosed on, then it will be tough.

If your deed or title has a record of a sub division etc. you should be fine provided you have a lawyer.

Good luck.
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Bob Movin-On, , Hartford, CT
Mon Jun 14, 2010
If you are trying to say the whole foreclosure case should be thrown out and the case should be started over I highly doubt that will happen. You have a case that the description was miss written and should be rewritten excluding the lot you sold off.

Good Luck
Bob Patrick
Buy a home after foreclosure expert
0 votes
Scott Myhre, Agent, Grand Rapids, MI
Mon Jun 14, 2010
Hi Chazmodian,

Our company specializes in distressed property situations. We may be able to help you and we are located in the Grand Rapids area. I can also refer you to a good Real Estate attorney specializing in helping people in your situation. Depending on the error, you may have a strong case. I have seen this sort of thing several times with several different outcomes. Based on your description I would think they would have to start the foreclosure process over, which could buy you some time to get an outcome other than eviction. Maybe a short sale... Feel free to give me a call to discuss more. Good luck with whichever route you choose...

Scott Myhre
Leading Edge Realty
cell 616.560.8095
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Keith Manson-…, , Milwaukee, WI
Mon Jun 14, 2010
Sounds like you have a case. Get a very good real estate attorney quick! Your far down the process and it would be better if you caught this at the first legal action. But better late then never. Contact the attorney quick to file a response to the eviction and hopefully get response to the foreclosure too.

Good Luck

Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee
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Kmbrennan, , Florida
Mon Jun 14, 2010
Your call here...
If you were not paying your mortgage and the foreclosure was valid - and the only issue was a clerical error on the paperwork - you may just want to go ahead and make the moving plans.
Even the best attorney will not be able to do much more than delay the inevitable - and they do not work for free. Is paying an attorney a few thousand to just end up moving anyways a month or two later worth it to you? If so, call the best in town - but do not expect the judge and the courts to be sympathetic to your cause. They have enough work to do and will definately not appriciate someone making them do this twice, just because a clerk somewhere made an error. Judges can be rather vindicitve sometimes and this may just end up biting you in the end.
Once again - your call
Sorry about the foreclosure though. Trust me - you are not alone. I know a lot of good people who have lost their home in the past 2-3 years.
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Doc & Ellen…, Agent, San Antonio, TX
Mon Jun 14, 2010
Hi, Chaz,

Anna has it right. Run, don't walk, to a Board-certified Real Estate attorney and get some help. This is not a do-it-yourself project. There are several potential issues, but only a competent attorney can help you sort through them. If you delay, you may lose your rights.

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Anna M Brocco, Agent, Williston Park, NY
Mon Jun 14, 2010
You may wish wish to consult with an attorney who specializes in real estate, have all related paperwork reviewed, and see what options you have; protect any other assets as well--most professionals do offer a free consultation.
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