What is the name of your state (only U.S. law)? Michigan
To give a lil background on my situation first - here is the story. Back in Feb 2009 we decided to possibly walk away from our home due to the fact we owed much more than we could ever repay due to predatory lending. We opted to first (before ever missing a payment at all on the mtg) file for bankruptcy in order to protect from any deficiencies on the mortgage/lender end after the foreclosure. Since we were fast on the bankruptcy - what ended up happening is our bankruptcy discharge was finalized (May 2009) prior to any sheriff sale being held. Apparently (I know this only now this week) the bank didn't attempt to purchase the home at the sale and a third party purchased the home (valued on the bankruptcy papers at 119,000) for $51,001. We found a home to rent in about May/June 2009 and the sale was completed (we had no knowledge at all of this) June 26,2009. We have not really been going back to the home because we were kind of trying to wait and get info sent in the mail or whatnot as to the status of our foreclosure. This never happened. Recently we were approached by a realtor offering us 5,500.00 to sign over rights to our home (that is still ours and in redemption period). We were confused and interested in this since we had been receiving mailers offering us credit for a 51,001 loan to redeem our property as well. We decided to look up our court ordered county documents and low and behold the home IS still ours and in redemption till' Dec 26,2009!! We were recently told by area relatives that people were "living" in the home...so once we discovered this is still our house...we were shocked. We attempted to contact the third party purchaser to find out why folks were in the home and discovered he is charging them rent in our house that from what I understand he should not even be entering as of yet until redemption is over. Am I wrong? We have gone to the home and the "scammer" has the people convinced that he is right and they all refuse to listen. After some phone calls the police have advised me to go down there and have them escort me to the home with my sheriff's deed in hand to tell them to get out. I am making sure by posting here...this is accurate that this is my home still?? I see no liens or anything in the state records and the third party aka "scammer" is passing out paperwork on my bankruptcy to all the parties involved which is really ticking me off to the extreme. Now, I want to also know since my bankruptcy was discharged and no liens on the home - if I sell the property before the end of my redemption period do I keep the proceeds if any are available? (I assume this is what he is trying to pull under my nose) ;-) One more thing to note - he (the "scammer") took out home owners insurance in my name with his funds to cover the property until the date of the end of redemption...I am lost on what my rights are here...please help!
To give a lil background on my situation first - here is the story. Back in Feb 2009 we decided to possibly walk away from our home due to the fact we owed much more than we could ever repay due to predatory lending. We opted to first (before ever missing a payment at all on the mtg) file for bankruptcy in order to protect from any deficiencies on the mortgage/lender end after the foreclosure. Since we were fast on the bankruptcy - what ended up happening is our bankruptcy discharge was finalized (May 2009) prior to any sheriff sale being held. Apparently (I know this only now this week) the bank didn't attempt to purchase the home at the sale and a third party purchased the home (valued on the bankruptcy papers at 119,000) for $51,001. We found a home to rent in about May/June 2009 and the sale was completed (we had no knowledge at all of this) June 26,2009. We have not really been going back to the home because we were kind of trying to wait and get info sent in the mail or whatnot as to the status of our foreclosure. This never happened. Recently we were approached by a realtor offering us 5,500.00 to sign over rights to our home (that is still ours and in redemption period). We were confused and interested in this since we had been receiving mailers offering us credit for a 51,001 loan to redeem our property as well. We decided to look up our court ordered county documents and low and behold the home IS still ours and in redemption till' Dec 26,2009!! We were recently told by area relatives that people were "living" in the home...so once we discovered this is still our house...we were shocked. We attempted to contact the third party purchaser to find out why folks were in the home and discovered he is charging them rent in our house that from what I understand he should not even be entering as of yet until redemption is over. Am I wrong? We have gone to the home and the "scammer" has the people convinced that he is right and they all refuse to listen. After some phone calls the police have advised me to go down there and have them escort me to the home with my sheriff's deed in hand to tell them to get out. I am making sure by posting here...this is accurate that this is my home still?? I see no liens or anything in the state records and the third party aka "scammer" is passing out paperwork on my bankruptcy to all the parties involved which is really ticking me off to the extreme. Now, I want to also know since my bankruptcy was discharged and no liens on the home - if I sell the property before the end of my redemption period do I keep the proceeds if any are available? (I assume this is what he is trying to pull under my nose) ;-) One more thing to note - he (the "scammer") took out home owners insurance in my name with his funds to cover the property until the date of the end of redemption...I am lost on what my rights are here...please help!