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Old 09-06-2004, 02:39 PM
PleasehelpMaryL
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Losing house in auction tomorrow due to lawsuit!!! Please help!


What is the name of your state? MA

About four years ago my parents were sued and lost a lawsuit brought by a woman who was at their house and bitten by one of my parent's dogs. The woman was awarded $60K, but my parents did not have homeowner's insurance. My dad is disabled and my mom is a non-working recovering alcoholic, and they're on a fixed income.

My parents were unable to take out a mortgage on their house in order to pay the damages, but were unable due to bad credit history. Recently I tried to take out a $100K mortgage to cover the cost of the damages, $13,000 in back real estate taxes and an existing $17,000 mortgage. Unfortunately, my application has not gone through due to issues with the title on the house. Seems that the title is still in my mom's dad's name.

So, tomorrow morning my parents stand to lose the house at auction. Currently there are four liens on the property.

My questions are the following:

Can they auction the house if there isn't a clear title on it?
What happens if they do auction the house?
How soon do they have to leave the property?
Can they get the house back?
How does the whole process work?

Next issue...
When I talked to the bank on friday they told me that the other lawyer had put three liens on the house. Two for the $60K and then the latest lien of $75K. It seems as though even though they agreed to the $60K less than a month ago in court they increased the amount by $15K.
I'm worried that my moms laywer isn't representing her properly. He is very good friends with the other lawyer. I just don't get why all the sudden he agreed to pay an additional $15K to the other laywer?
Also in addition to the $15K my parents found out that they owe $6K to the sheriffs office for delaying the sale which she wasn't told about! So, her lawyer knew that on friday we were getting the loan for $100K to cover the cost of the original $60K, 13K in back taxes, 17k for the existing home equity. If we knew they were going to increase the amount we would have gone for more. Well now the auction is tomorrow morning. I don't know what to do at this point? Please offer me some advice on how I can help them out!
Any advice at this point would be greatly appreciated!!!
Sincerely ,
Mary
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