• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

forclosure/relief proper

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tigger22472

Senior Member
Indiana.

In April of 1999 some friends of mine received a letter from a mortgage company stating that their payments should then be made to them for they had taken over the mortgage. Starting in May of that year they began paying this company the mortgage payments. In March of 2000 they called the company to see about refinancing the home and was told they no longer owned the house due to back tax sale in 1997. Through much researched they tried to obtain who owned the house without success. They recently have already planned to move from the home but just the other day received a letter from the mortgage company that they paid prior to May of 1999. It states that there was no payment to their company for the home as of this date. They have tried to contact the last mortgage company again to no avail for it seems they are no longer in business. Within the complain for ejectment they are MANY dates stated including one as far back as Nov. as 1998 speaking of a tax deed. A copy of this tax deed was also included dated December 31st, 1998. There is also a default judgement order made in Feb. of 2000 shown that they were NEVER made aware of. They are not trying to fight this for it seems to be an endless battle. However within the complaint for ejectment there is a statement that is as follows.... "__________ is to immediately deliver possession of the subject real estate to (the mortgage co), and for all relief proper in the premises. We are unaware of what exactly relief proper is, can anyone explain this? Also the deed of the home is in my friends mothers name. He and his family have lived in the home with her yet the home is in her name only and has been since 1998. Prior to this time the deed was in her son's name, however in 1998 the mother remortgaged the house and in order to do this she had to removed both her son's names. She had to do a clear title search at that time and it came back fine without problems.. HOwever in the tax deed attached to these papers shows that it was purchased in 1997 through public aution that the family was not aware of? How can a mortgage be obtained on property that you supposably don't own? I realize this is long and very complicated and I'm sorry to ramble but I guess the bottom line is do they have the right to take their belongings from the home. Three children and three adults live in this home and have all their lives basically. They even before receiving the paper found a new place to live and just waiting on the house to be ready to move into and would like to make sure they can take their things. The last thing they need right now is more trouble from this house....

Thank you in advance.
 


tigger22472

Senior Member
thank you very much for the quick response, they were just concerned that they wouldn't be allowed to take their possessions.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top