First I'll start by saying we are in NY. Anyhow, here's a quick background. My husband and I bought a house in early 2002 w/ a privately held mortgage. It wasn't a rent to own- we put down a downpayment, we went through closing. The taxes, deed, ect were all in our name. The couple that was mortgaging the house held numerous mortgages. It was all on the up and up. Needless to say, the gentleman passed away a few months after and the wife is losing her mind.
In late 2004 we hit a huge financial rough patch. We had filed bankruptcy. Just when things started to straighten out my husband's company started to go under- and for nearly a year he was making 65% less than he was. He tried finding another job- but the economy around here (I heard we ranked 2nd poorest city in the USA this week on the news) and job market is terrible. We started to get behind again on our property taxes- which when we bought the house were $1700/yr in 5 yrs they went up to $5600/yr. Then the other bills when my husband ultimately lost his job.
We decided the best thing we could do to get back on our feet was to let the house foreclose, as we were never going to be able to get caught up on the taxes, mortgage, and other bills. We were going to convert our bankruptcy from chpt 13 to chpt 7 (which we could do if we let the house foreclose). As our bankruptcy pymts were so high w/o his income where it was- we had $300 left a month to pay the mortgage/insurance/utlities- obviously a bad situation. **I'm going to side note for the people who want to lecture me on debt-- we didn't have 1 single credit card in our bankruptcy-- rather we had nearly 6 figures worth of medical debt from 2 huge medical crisises we had w/o insurance.
So, in early July we found a house to rent. We began to move out, and did so over most of July. In early July we got a notice that we needed to catch up the mortgage by July 15th or else the holder would start the foreclosure process. Then about 3 weeks later (after the date passed), her attorney sent us a letter telling us the holder was actually interested in just buying the property back. Turns out she'd pay the closing costs, and us $1000.00, and we'd call it even. Not sure why, but we heard them out. We informed the attorney we had $30,000 in lien money on the house from hospital's. These lien's would be wiped out when we converted the bankruptcy, but that would still be several months. He told us he'd see what she wanted to do and get back to us. This was the very end of July.
Anyhow, throughout August we went back to the house 4-5 times to get more stuff we left, to care for the lawn, and to check up on it. Since we still owned it as no official sell or foreclosure had even started yet.
Now we went back today to get the last 2 loads of stuff there. We were last there about 20 days ago. When we pulled in we noticed all sorts of drywall covering the front windows and the neighbors cleaning out the pool. (We never had a real good relationship w/ the neighbors). We also noticed the locks had been changed. In looking in the windows we noticed that our stuff was "gone" and that there was some tools and such in the house. We asked the neighbors, they said some guy's been working in there, we need to talk to "Ms. Doe" (the mortgage holder who lives on the same street).
We went to the police station instead. The cop told us it was a civil matter, but he'd go talk to Ms. Doe as he knew her, she's a lifelong resident in this small town, and she's 87 yr old. He did take a report, and said w/o a formal foreclosure, no she couldn't lock us out, and no she couldn't dispose of our property. He said we could break into the house, since it was still our house, but he'd prefer to try and sort this out.
He asked us to wait at the station. He came back about 20 minutes later and said the neighbor ironically has a key. But they informed him that the contractor had items in the house and supplies. So, now he was concerned that if he let us in we'd take those items. He said he didn't know what to do. He told us he'd go w/ us and give us 20 minutes to get whatever we could that he could determine was ours. That I'd have to take her to small claims court for the rest. My husband and him got into a bit of a yelling match. Though in the end the cop did admit he couldn't make us leave the house, he couldn't arrest us for being there, he was just advising us it would be best for us if we were going to proceed w/a civil suit to not go back alone.
So, we get there w/ the cop-- and ironically all the contractor's tools are gone. In the 20 minutes since he was there the neighboor cleaned it out. Also, our 2 8ft ladders that we seen through the window earlier that day were gone. At the station we gave a list to the cop of the "bigger priced" items we knew were still there. He went w/ us through the house-- all gone. There was some stuff left- but nothing w/ any real value. All my husbands bow hunting stuff, and the bow-- GONE, all my winter clothing-- GONE (it was all namebrand from when we were doing well- and for my birthday and xmas from my family)-- at least $1500.00 worth of clothing gone. I had 2 handmade quilts from the smokey mtns- GONE, the 2 ladders that were just an hr before- GONE. Also my son's PSP and games- GONE.
The cop was flustered and kept telling us he couldn't do anything- but we needed to file a small claims court case against the mortgage holder.
So I'm confused- we still own the house-- it's not foreclosed on yet-- but we're advised to not go back and get anything else out. We couldn't take it all in 1 trip, and he only gave us 20 minutes. We had to leave behind
a TV, snowblower, 2 bookcases, a garment rack, all my extra purses, winter coats, vaporizers, dishes, bedding, and some other small items. That along w/ the items that were there the last time we were there, that are no gone. Ironically, the neighbors who now have a key, were working on the pool, but know nothing----- all have a son w/ interests in the items taking (PSP, hunting equipment- some new w/ tag clothing of my son's- they're the same size). My clothing doesn't make sense, except the female neighbor HATED me-- but she wouldn't of fit into any of it. So, I could see her throwing it out in spite. My son's bike was gone too.
So, can she legally do this? We were still taking care of the house and going there on a regular basis, even though we weren't living there. We were not renting. She didn't proceed any further w/ the foreclosure other than to give us a notice to pay the mortgage to date or else she would foreclose.
Any advice?
In late 2004 we hit a huge financial rough patch. We had filed bankruptcy. Just when things started to straighten out my husband's company started to go under- and for nearly a year he was making 65% less than he was. He tried finding another job- but the economy around here (I heard we ranked 2nd poorest city in the USA this week on the news) and job market is terrible. We started to get behind again on our property taxes- which when we bought the house were $1700/yr in 5 yrs they went up to $5600/yr. Then the other bills when my husband ultimately lost his job.
We decided the best thing we could do to get back on our feet was to let the house foreclose, as we were never going to be able to get caught up on the taxes, mortgage, and other bills. We were going to convert our bankruptcy from chpt 13 to chpt 7 (which we could do if we let the house foreclose). As our bankruptcy pymts were so high w/o his income where it was- we had $300 left a month to pay the mortgage/insurance/utlities- obviously a bad situation. **I'm going to side note for the people who want to lecture me on debt-- we didn't have 1 single credit card in our bankruptcy-- rather we had nearly 6 figures worth of medical debt from 2 huge medical crisises we had w/o insurance.
So, in early July we found a house to rent. We began to move out, and did so over most of July. In early July we got a notice that we needed to catch up the mortgage by July 15th or else the holder would start the foreclosure process. Then about 3 weeks later (after the date passed), her attorney sent us a letter telling us the holder was actually interested in just buying the property back. Turns out she'd pay the closing costs, and us $1000.00, and we'd call it even. Not sure why, but we heard them out. We informed the attorney we had $30,000 in lien money on the house from hospital's. These lien's would be wiped out when we converted the bankruptcy, but that would still be several months. He told us he'd see what she wanted to do and get back to us. This was the very end of July.
Anyhow, throughout August we went back to the house 4-5 times to get more stuff we left, to care for the lawn, and to check up on it. Since we still owned it as no official sell or foreclosure had even started yet.
Now we went back today to get the last 2 loads of stuff there. We were last there about 20 days ago. When we pulled in we noticed all sorts of drywall covering the front windows and the neighbors cleaning out the pool. (We never had a real good relationship w/ the neighbors). We also noticed the locks had been changed. In looking in the windows we noticed that our stuff was "gone" and that there was some tools and such in the house. We asked the neighbors, they said some guy's been working in there, we need to talk to "Ms. Doe" (the mortgage holder who lives on the same street).
We went to the police station instead. The cop told us it was a civil matter, but he'd go talk to Ms. Doe as he knew her, she's a lifelong resident in this small town, and she's 87 yr old. He did take a report, and said w/o a formal foreclosure, no she couldn't lock us out, and no she couldn't dispose of our property. He said we could break into the house, since it was still our house, but he'd prefer to try and sort this out.
He asked us to wait at the station. He came back about 20 minutes later and said the neighbor ironically has a key. But they informed him that the contractor had items in the house and supplies. So, now he was concerned that if he let us in we'd take those items. He said he didn't know what to do. He told us he'd go w/ us and give us 20 minutes to get whatever we could that he could determine was ours. That I'd have to take her to small claims court for the rest. My husband and him got into a bit of a yelling match. Though in the end the cop did admit he couldn't make us leave the house, he couldn't arrest us for being there, he was just advising us it would be best for us if we were going to proceed w/a civil suit to not go back alone.
So, we get there w/ the cop-- and ironically all the contractor's tools are gone. In the 20 minutes since he was there the neighboor cleaned it out. Also, our 2 8ft ladders that we seen through the window earlier that day were gone. At the station we gave a list to the cop of the "bigger priced" items we knew were still there. He went w/ us through the house-- all gone. There was some stuff left- but nothing w/ any real value. All my husbands bow hunting stuff, and the bow-- GONE, all my winter clothing-- GONE (it was all namebrand from when we were doing well- and for my birthday and xmas from my family)-- at least $1500.00 worth of clothing gone. I had 2 handmade quilts from the smokey mtns- GONE, the 2 ladders that were just an hr before- GONE. Also my son's PSP and games- GONE.
The cop was flustered and kept telling us he couldn't do anything- but we needed to file a small claims court case against the mortgage holder.
So I'm confused- we still own the house-- it's not foreclosed on yet-- but we're advised to not go back and get anything else out. We couldn't take it all in 1 trip, and he only gave us 20 minutes. We had to leave behind
a TV, snowblower, 2 bookcases, a garment rack, all my extra purses, winter coats, vaporizers, dishes, bedding, and some other small items. That along w/ the items that were there the last time we were there, that are no gone. Ironically, the neighbors who now have a key, were working on the pool, but know nothing----- all have a son w/ interests in the items taking (PSP, hunting equipment- some new w/ tag clothing of my son's- they're the same size). My clothing doesn't make sense, except the female neighbor HATED me-- but she wouldn't of fit into any of it. So, I could see her throwing it out in spite. My son's bike was gone too.
So, can she legally do this? We were still taking care of the house and going there on a regular basis, even though we weren't living there. We were not renting. She didn't proceed any further w/ the foreclosure other than to give us a notice to pay the mortgage to date or else she would foreclose.
Any advice?
to you and I hope that someone here knows how to help you.
