made payment to stop auction but house was sold anyways

[kimjazjoe]

What is the name of your state (only U.S. law)? CALIFORNIA

My father left me 1/2 interest in his property he owned with his wife, he passed away in March. There are two loans on the property one of which she was responsible for paying with a company called AHMS, I was responsible for the second which was a home equity line with Washington Mutual. In November I received a letter of default & that she stopped making payments as of August. She kept giving me the run around saying she was going to take care of the matter. Five days before the auction I had to go down to her daughters where she moved to & force her to get on the phone with the mortgage company. They worked out some kind of agreement where she would make a payment of $5000 on a Monday which was only two days before the auction. Well it turns out that our house still went to the auction & was bought by Washington Mutual. I checked as of to date the property profile & the bank is listed as the primary owner. Is there any possibility that they can give her the house back. My name wasn't officially on title yet because it was in a trust, so I'm just thankful I didn't have a foreclosure on my record. I just want to move past this & she keeps claiming that she stopped the auction when she made that payment & that their gonna cancel this sale, is that possible??

[FlyingRon]

She's blowing smoke most likely.

Unless that $5000 is all she owned to cure the default it's not likely to have stopped it. Why on earth after you were notified in November did you wait until three months before attempting to cure things?

You can redeem the property if you can come up with enough money to pay everything off (unlikely). You can try to contact WAMU about buying the property from them.

[kimjazjoe]

When I found out in November I spoke to her & she said she was just waiting for my dad's pension check which was $10,000 & she would catch up on her payment. The check came in late December I checked her loan online & she didn't make the payment. Her lender would not deal with me because my name was not on the loan even though I told them about my share in the property through the trust. I know now that she did not intentionally pay the mortgage because she was angry at my father for leaving me his share. She was constantly avoiding my aunt who is the trustee of my trust, like i said we had to go track her down. The thing is I was living at the property & when I moved out I took all the furniture in the house which really ticked her off. She came in the middle of me moving out & made a big scene & called the police. The place has not been fully cleaned out, but everytime I try to go there she's there. The police said we can be there but it's like I just don't want to be there when she's there. She says she's gonna sue me if anything is missing from the house cause she says the bank is gonna charge her. But then on the other hand she said she gonna sue me for stealing from her property. Like I said I checked the profile & she's not on title. I don't want to blamed though if people steal anything from the property. She insists that her lender is working on trying to get the house back. We never had a single problem before this, but I know now that I can't be involved with this lady. The amount she was behind was 14,800 & she arranged to pay $5000 & double payments from there on for a year. So most likely if the bank bought it her only option is to try to buy it back again right? I just want a clean break from this lady. It sucks cause my dad left me a share in this beautiful house but all this drama & the constant worrying of wondering if she's gonna make her payment is not worth it.

[FlyingRon]

The contents of the house are distinct from the title. Your father should have had a will to handle the assets that poured over.

Your story is confusing and self contradictory. You need a lawyer if you want to do anything. We can not help you.

[kimjazjoe]

There is a will which states pretty much everything that belong to him belongs to the trust. I just want to know if the property profile shows the bank as primary owner & also includes the trust deed of sale which shows the amount which they bought our house for, then its pretty much a done deal, right?? And what she is saying about her still owning the property is B.S.

[FlyingRon]

If Dad's in vivo trust owned the property she NEVER was an owner and the neither the trust or she owns it now.

The will pouring over into the trust isn't effective until probate.

[kimjazjoe]

Thanks for your responses.