Foreclosed And Sold !

[N8TVTXNJR]

undefinedWhat is the name of your state?TEXAS My wife and I well are in a huge mess , we purchased a house through a home owner finance deal with their realtor ,from the first day we closed the deal one of the deals was we wanted the seller to pay for the property survey and appraissal ,well are part in the conract was to keep full coverage ins.and flood,we got everything we needed except flood we couldnt for the reasons of not having our land surveyed and time after time we tried to get him to do this and know answer ,well after a year goes by my wife and i have a fallin out with my job and i get laid off , well after a month or so I paid a house payment and the check didnt clear,well unaware of this the seller made know attempts to inform us of this nor did my bank cause we recieved nothing ,and next thing we know he has his lawyer draw up papers telling us we are behind on the note and to pay up on it , then my wife wrote a letter back explainnig the mix up and that we would pay it as quickly as posibble.now the next month comes buy and we pay a month payment with alittle more for the past one ,well my wife and I go up state for a funneral for a couple of weeks and we get back and after awhile later 2 weeks like, a man man comes up and says he is the new owner that hed bought it at the foreclosure sale and asked if we wanted to stay we have to pay rent or get off his land .Supprised as we were we went through our old mail my cousin gives me and there was a foreclosure papers their ,is this leagle ? can someone just step in after a month behind and take everything out from under us? well it turnes out the deed of trust is his attorney and as well as the owner of the title compony and hes playing as the third party mediator we new nothing of this so we went to talk to the realtor about it and it turns out the seller fired them 1month prior to this.now I get serverd with papers the other day to vacate the primises and along side of his name was the old owners name as if he was part owner again ,my lawyer he isnt much help at all on this and he said it was legal but he didnt even take the time to look at anything , can i do anything ? can people just do this to a family?

"...is this leagle ?..."

Yes.

Once you default on a loan, the lender does not have to make any special deals with you.

You were notified and the land was foreclosed on.

[Happy Trails]

Originally Posted by N8TVTXNJR

undefinedWhat is the name of your state?TEXAS My wife and I well are in a huge mess , we purchased a house through a home owner finance deal with their realtor ,from the first day we closed the deal one of the deals was we wanted the seller to pay for the property survey and appraissal ,well are part in the conract was to keep full coverage ins.and flood,we got everything we needed except flood we couldnt for the reasons of not having our land surveyed and time after time we tried to get him to do this and know answer ,well after a year goes by my wife and i have a fallin out with my job and i get laid off , well after a month or so I paid a house payment and the check didnt clear,well unaware of this the seller made know attempts to inform us of this nor did my bank cause we recieved nothing ,and next thing we know he has his lawyer draw up papers telling us we are behind on the note and to pay up on it , then my wife wrote a letter back explainnig the mix up and that we would pay it as quickly as posibble.now the next month comes buy and we pay a month payment with alittle more for the past one ,well my wife and I go up state for a funneral for a couple of weeks and we get back and after awhile later 2 weeks like, a man man comes up and says he is the new owner that hed bought it at the foreclosure sale and asked if we wanted to stay we have to pay rent or get off his land .Supprised as we were we went through our old mail my cousin gives me and there was a foreclosure papers their ,is this leagle ? can someone just step in after a month behind and take everything out from under us? well it turnes out the deed of trust is his attorney and as well as the owner of the title compony and hes playing as the third party mediator we new nothing of this so we went to talk to the realtor about it and it turns out the seller fired them 1month prior to this.now I get serverd with papers the other day to vacate the primises and along side of his name was the old owners name as if he was part owner again ,my lawyer he isnt much help at all on this and he said it was legal but he didnt even take the time to look at anything , can i do anything ? can people just do this to a family?

2. Notice

(A) Service. Every application filed with the clerk of the court shall be served by the party filing the application. Service of the application and notice shall be by delivery of a copy to the party to be served by certified and first class mail addressed to each party who, according to the records of the holder of the debt is obligated to pay the debt. Service shall be complete upon the deposit of the application and notice, enclosed in a postage prepaid and properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service. If the respondent is represented by an attorney and the applicant's attorney has knowledge of the name and address of the attorney, an additional copy of the application and notice shall be sent to respondent's attorney.

(B) Certificate of Service. The applicant or applicant's attorney shall certify to the court compliance with the service requirements of Rule 736. The applicant shall file a copy of the notice and the certificate of service with the clerk of the court. The certificate of service shall be prima facie evidence of the fact of service.

(C) Form of Notice. The notice shall be sufficient if it is in substantially the following form in at least ten point type:

For more information go to link:

[url]http://www.supreme.courts.state.tx.us/rules/TRCP/revmtg.htm[/url]