My question involves real estate located in the State of: Texas
Hello and thank you for reading this. I will try to keep it brief and hopefully provide the relevant facts. I am desperate for advice.
My house just went through its 3rd Foreclosure auction. The first 2 times it didn't sell. This third time, according to the Substitute Trustee Deed, it was sold by the Trustee back to Ditech Financial for $284,750. Interestingly enough, the original loan amount is $271,985. Not sure if that means anything.
My wife passed away in December 2010 so it is myself and my 4 kids that are still in the house. I bring this up because her name is still on the deed. There were two substitute trustee deed filings on the county clerk website. One in my name, one in hers. Again, not sure if this has any relevance.
Anyways, the house was sold on January 3rd of this year. On January 5th someone stopped by, asked my name, and said he was sent to confirm occupancy for the mortgage company. After that, the substitute deed was filed on January 12th.
Since that time, I have heard nothing from the bank or the trustee. There have been no other filings of any kind that I can find.
Basically, I'm wondering what could be going on.
Here is my understanding of the steps that need to happen. PLEASE correct me if I'm wrong:
1. I will receive a notice from the local sheriff's office informing me that an eviction suit (forcible detainer I think?) has been filed against me and it will have a court date on it.
2. At the hearing, the judge will rule in favor of the new owner (Ditech). After that, the sheriff will return and give me a 24 hour notice for my kids and I to vacate or he will forcibly remove us.
Did I get that right? And if so, why hasn't it happened yet? What could the bank possibly be waiting for?
I had also read that before a forcible detainer can be filed, the landlord needs to give me a "notice to quit". But I'm guessing that is only for rentals so I didn't include in my "steps". Its all so confusing!
Don't get me wrong, I'm grateful if they are dragging their feet. I was laid off in November and have absolutely nowhere to go and have $280 in the bank. We are basically leaving everything behind as I can't even afford a storage unit. Just taking whatever can fit in my car. Family photos, birth certificates, etc.
Fortunately I was able to make plans for the kids to stay with some of their friends' families. It will be difficult as we will all be separated, at least temporarily.
If anyone has any advice, thoughts, comments...I can't begin to tell you how much I would appreciate it. As it stands right now, I don't know if the eviction will happen tomorrow, next week, next month, or even next year.
The stress is unbearable and despite a lot of research, I still can't find any definitive answers or even clues as to what could be going on right now at the bank or trustee's office. Every time the doorbell rings I almost jump out of my skin.
Thank you so much for reading this. If any other info is needed, I will be happy to provide it. Thank you again.
-Marc
Hello and thank you for reading this. I will try to keep it brief and hopefully provide the relevant facts. I am desperate for advice.
My house just went through its 3rd Foreclosure auction. The first 2 times it didn't sell. This third time, according to the Substitute Trustee Deed, it was sold by the Trustee back to Ditech Financial for $284,750. Interestingly enough, the original loan amount is $271,985. Not sure if that means anything.
My wife passed away in December 2010 so it is myself and my 4 kids that are still in the house. I bring this up because her name is still on the deed. There were two substitute trustee deed filings on the county clerk website. One in my name, one in hers. Again, not sure if this has any relevance.
Anyways, the house was sold on January 3rd of this year. On January 5th someone stopped by, asked my name, and said he was sent to confirm occupancy for the mortgage company. After that, the substitute deed was filed on January 12th.
Since that time, I have heard nothing from the bank or the trustee. There have been no other filings of any kind that I can find.
Basically, I'm wondering what could be going on.
Here is my understanding of the steps that need to happen. PLEASE correct me if I'm wrong:
1. I will receive a notice from the local sheriff's office informing me that an eviction suit (forcible detainer I think?) has been filed against me and it will have a court date on it.
2. At the hearing, the judge will rule in favor of the new owner (Ditech). After that, the sheriff will return and give me a 24 hour notice for my kids and I to vacate or he will forcibly remove us.
Did I get that right? And if so, why hasn't it happened yet? What could the bank possibly be waiting for?
I had also read that before a forcible detainer can be filed, the landlord needs to give me a "notice to quit". But I'm guessing that is only for rentals so I didn't include in my "steps". Its all so confusing!
Don't get me wrong, I'm grateful if they are dragging their feet. I was laid off in November and have absolutely nowhere to go and have $280 in the bank. We are basically leaving everything behind as I can't even afford a storage unit. Just taking whatever can fit in my car. Family photos, birth certificates, etc.
Fortunately I was able to make plans for the kids to stay with some of their friends' families. It will be difficult as we will all be separated, at least temporarily.
If anyone has any advice, thoughts, comments...I can't begin to tell you how much I would appreciate it. As it stands right now, I don't know if the eviction will happen tomorrow, next week, next month, or even next year.
The stress is unbearable and despite a lot of research, I still can't find any definitive answers or even clues as to what could be going on right now at the bank or trustee's office. Every time the doorbell rings I almost jump out of my skin.
Thank you so much for reading this. If any other info is needed, I will be happy to provide it. Thank you again.
-Marc
Foreclosure: Eviction Notice After Foreclosure in Texas
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