Forclosed on, need advice on legality of actions

colemancb · #1 07-06-2007, 07:14 PM

What is the name of your state? Illinois

Hello there.

My situation goes as follows: My mother's home was foreclosed on (not sure of the exact date.) The only notification she was given was a letter in the mail telling her about the situation from the bank (no legal notices were served), and she was also told in a phone call I believe that she had to be out of the house on a certain date. She is now in an apartment, and ill, so she could not move out a lot of her things. She had spoken to a local "company" called 'Woods Edge Restoration', who was apparently the people cleaning out the house. They had told her that she could come when they were there to pick up some things, but they never contacted her again (even though she repeadetly tried to get in touch with them). The business itself seems very shoddy to me, after Google'ing the phone number, all I came up with is a residential listing. My mother called them and they had said things like they were going to call Child Services (because the house was not in the cleanest of conditions but it was NOTHING close to unlivable or even close to a warning of it). They also said that there were "illegal activities" in the house including DVD copying (my mother recorded movies off of TCM for Christ's sake...) and drugs (My mother has a combination of diseases, including Fibro, Hypothryoidism, etc... and takes a fair number of prescriptions a day.) Basically, we believe that they were trying to scare the **** out of her so she would leave her alone.

I called the number (after they no longer answered my mother's calls), and they only answered "Hello" (no "Woods Edge Restoration" or any kind of greeting). I asked them if it was the company I was speaking to, I did NOT receive a Yes or No answer, just a "Can I take a message?". I told them I was calling on behalf of my mother. The woman on the phone then told me to call back around 8 or 9 this evening (Friday). My mother has told me that her things are now out of the house and NOT in her possession. She was on her way to the house just to check up on it, and saw her washer and dryer being hauled on a flatbed as she neared the home.

We are both afraid that this "Woods Edge" is trying to rip us off. We are in a community where the local bank and a company like that would be working hand and hand with eachother. The wrong people are very tight-knit in this town. Is everything that is happening legal? She was not officially served the foreclosure or default notice, and no notification of WHEN they would remove her things from the house. What advice do you have as far as receiving some of our possessions? I was thinking of offering them money when I called tonight, but don't want to do anything under-the-table until I get some good advice.

Thanks for sticking through that amazingly long post...any advice would be appreciated!

--Chris

LindaP777 · #2 07-07-2007, 01:39 AM

Has the house gone to the sheriff's sale yet, or has she recieved notice of the sale?
When did she move into her apartment? Did she leave a forwarding address?

colemancb · #3 07-07-2007, 09:39 AM

The house has been sold, and I believe the things were removed from the house after the sale. So, it would make sense that they were allowed to clear out the house. BUT, she was -never- contacted back about actually getting inside the house (like the bank said she could) and because they gave her such a runaround and this "company" was so hard to get ahold of, we believe there was theft. And yes, she did leave a forwarding address as well as 3 phone numbers to call.

lcannister · #4 07-07-2007, 10:16 AM

The ONLY relevant advice you will get is from a local Atty with whome she should consult to see what rights she does or does not have.

Can you PROVE anything you have alleged about the moving (for lack of a better word) company? Can you PROVE she actually tried to get her things out? Have you checked the legal notices section of the local newspaper around the time of th foreclosure to see if indeed it is listed under the LEGAL NOTICES section.

Why didn't YOU go rescue her belongsings?

LindaP777 · #5 07-07-2007, 10:24 AM

Quote:

Originally Posted by colemancb

The house has been sold, and I believe the things were removed from the house after the sale. So, it would make sense that they were allowed to clear out the house. BUT, she was -never- contacted back about actually getting inside the house (like the bank said she could) and because they gave her such a runaround and this "company" was so hard to get ahold of, we believe there was theft. And yes, she did leave a forwarding address as well as 3 phone numbers to call.

So, again, when did your mother move???
Who exactly are the new owners???
I'm sure you are mistaken about the legal notices not being delivered. It could have come by mail, or hand delivered from the county or sheriff's office.
After the sale of the house and deed is in the new owners name (assuming the house was vacant) the previous owner has no rights to it or anything left in the house. If she left stuff behind when she vacated the property, it became the new owners property. I've bought many vacant houses at sheriff's sales. I've "inherited" a car (left in the garage), a piano (I gave to my sister), toys and clothes (most were hauled off to Good Will). I had no way of contacting the previous owner and it;s just assumed if the previous owner left it behind they didn't want it.
If she was still living there, the new owner would have had to file a "writ of possession" (maybe called something else in your state) and had her and all her possessions set out. It similar to an eviction, but no court hearing and much quicker (3-5 days once the writ is executed).

So from what you had told us, it sounds like your mother walked away from anything left at the house. It sounds to me that 'Woods Edge Restoration' is possibly the new owners.

colemancb · #6 07-07-2007, 10:33 AM

Quote:

Originally Posted by lcannister

Why didn't YOU go rescue her belongsings?

I don't appreciate the implication that I simply did not go to help her. I am in a terrible financial state myself, 5 hours away at school. I could not go help her.

As for the other replys, that makes sense. She simply could not with her problems get all of the things out of the house. But, Woods Edge had told her that they would allow her to get things out of the home. I do know also, that a verbal agreement doesn't mean anything at all. So, I guess she's out of luck.

Thanks for the replys.

colemancb · #7 07-07-2007, 12:26 PM

Alright, I just talked to her, and she said the only notification she had about the house was the insurance company calling her and telling her that they had been notified and she would not have homeowners insurance after a certain date. No letter in the mail from the bank or anything like that. Just a call from the Insurance Company confirming the date.

LindaP777 · #8 07-07-2007, 12:41 PM

Quote:

Originally Posted by colemancb

Alright, I just talked to her, and she said the only notification she had about the house was the insurance company calling her and telling her that they had been notified and she would not have homeowners insurance after a certain date. No letter in the mail from the bank or anything like that. Just a call from the Insurance Company confirming the date.

Again, you refuse to answer my questions, and I'm getting tired of asking.
When did you mother move out? If she bailed on the house and left no forwarding address, then the notices were delivered to the vacant house, as they had no way of notifying her.
I'm sure if you contact the courts and ask to see their file, you will see otherwise. The case will have the date of service, who was served, and how they were served.

You should have been asking questions long ago. It's too late now.

lcannister · #9 07-07-2007, 03:50 PM

Quote:

I don't appreciate the implication that I simply did not go to help her. I am in a terrible financial state myself, 5 hours away at school. I could not go help her.

The implication is that you are all concerned at a point that is is simply to late.

Quote:

The only notification she was given was a letter in the mail telling her about the situation from the bank (no legal notices were served), and she was also told in a phone call

You keep saying she was not notified but here you say she was. In addition when she did not pay the payment she had obligated herself to, NO MATTER THE CIRCUMSTANCES, she received late notices. In addition I am sure that it is spelled out in detail when her payments are due and the consequences in the paperwork she signed when she bought the home. How far behind was she on the payments, did she try and work out a payment plan with the Mortgage holder?

IN ADDITION as I stated before look in the legal notices, they should be available on line in her local newspaper archives. THAT is legal notice to her and all others who have an interest in the property.

Quote:

I was thinking of offering them money when I called tonight, but don't want to do anything under-the-table until I get some good advice.

If there is money to be offered and she went to an apt. where she must be making rent payments why could the home and possessions not be salvaged?

FlyingRon · #10 07-08-2007, 02:39 PM

Quote:

Originally Posted by colemancb

My situation goes as follows: My mother's home was foreclosed on (not sure of the exact date.) The only notification she was given was a letter in the mail telling her about the situation from the bank (no legal notices were served)

She should have gotten a notice prior to the judicial foreclosure proceeding and another announcing the sale. Foreclosures are real slow in Illinois. Once the sale goes, eviction is much quicker (30 days). Once the property is deemed to be unoccupied (regardless of the fact that you have left things there), the new owner may take possession and occupy it.