If my primary residence is foreclosed on, can they also take my other properties?

[slandsharkk]

Ok, so my primary residence was foreclosed on. I also have a 2nd property I use for a rental property of which I own 100% outright (although I do have a HELOC out on the condo, but I have the deed in my posession and in my name and have never missed a HELOC payment). It was vacant for the month of december, my foreclosure happened on the 10th for my primary residence. I visited my rental property about a week later and the door locks were changed. There was no notice on the door or anything indicating why someone would have changed the door and locks.

So, I call my condo management who had no idea what was going on. I then called a locksmith and had the door locks changed again. I seriously considered calling the police for a 'breaking and entering' as this seems to be what has happened. Nothing was missing from the condo, but somebody had definitely been there. I found a John L. Scott 'for sale' sign and a listing agent sign along with their lockbox stashed in the coat closet in the condo.

So, what is going on? Is this some freaky coincidence and mistake by John L. Scott? I called them and they said an investment company told them to put it up for sale, claiming John L. Scott was just the middle man and only was doing what they were told. I did a search for Deeds in the county and I do not see any changes on that property. I'm waiting for a call back with more info from them, like the name of the investment company.

Is this at all related to the foreclosure on my primary residence? I am currently moving back into the condo since I'm losing my home.

Did I miss something here?

[tobee43]

sland...i'm missing something here...have you filed bk???

because if you did and had the second property free and clear the trustee would have snapped it up and sold it and distributed the funds to your creditors...or is this just a foreclosure issue....standing alone....???

if this is JUST a foreclosure issue ....with NO bk involved you have some serious BB police type issues here going on....but there seems to be something missing??? someone needs to have permission to put YOUR property up for sale unless there is some type of scam going on here...and it sounds serious.

[slandsharkk]

sland...i'm missing something here...have you filed bk???

because if you did and had the second property free and clear the trustee would have snapped it up and sold it and distributed the funds to your creditors...or is this just a foreclosure issue....standing alone....???

if this is JUST a foreclosure issue ....with NO bk involved you have some serious BB police type issues here going on....but there seems to be something missing??? someone needs to have permission to put YOUR property up for sale unless there is some type of scam going on here...and it sounds serious.

The foreclosure on my primary residence is done, and the bank sold it off to a new company. I have a few more days/weeks to vacate. There was NO BK involved anywhere at all. I've been in contact with a bunch of attorneys about the foreclosure, but so far haven't found one to help me with my next steps and have one wanting me to call them on Monday.

If this is a serious issue should I call someone today? Would it be better to work with just 1 attorney for both the foreclosure stuff and this new thing or should I call a 2nd attorney right now and see what they say? I'm totally confused, and being around the holidays it has been a huge pain to get anyone willing to talk on the phone, everyone is 'out on vacation' even my condo management and their backup contacts. grrrr

Something seems very wrong here. I also double and triple checked the official public records for my county and there is nothing in there about my condo property changes hands of any kind.

[tobee43]

The foreclosure on my primary residence is done, and the bank sold it off to a new company. I have a few more days/weeks to vacate. There was NO BK involved anywhere at all. I've been in contact with a bunch of attorneys about the foreclosure, but so far haven't found one to help me with my next steps and have one wanting me to call them on Monday.

If this is a serious issue should I call someone today? Would it be better to work with just 1 attorney for both the foreclosure stuff and this new thing or should I call a 2nd attorney right now and see what they say? I'm totally confused, and being around the holidays it has been a huge pain to get anyone willing to talk on the phone, everyone is 'out on vacation' even my condo management and their backup contacts. grrrr

Something seems very wrong here.

i would call the police...i think it's a police matter personally.....someone has broken into the condo...put it up for sale...i would call not only the police but the county prosecutor's office as well as someone is committing fraud...don't you think??? the prosecutor's office should check out who the heck is putting places up for sale and they don't have a contract or know the owner.....i do think this is very serious.

i would also keep or attempt to have the same atty for all matters in the foreclosure or property issues if possible...the cost will be less and also it's less confusing when dealing with just one office.

keep in touch with the board and i hope the best for you...but had someone broke into my condo, you'd bet i'd be on the phone with the police in a ny minute...as well as with the whom ever handles fraud in your county about putting the place up for sale...

[slandsharkk]

Ugh, none of the attorney's I'm calling now are answering their phones. I called the local police station directly asking for advice, they made it sound like I wanted to call a robbery or break-in on the real estate agency that actually did break into my home. I know this may not be the place to ask for this kind of legal advice, but is calling 911 to report a robbery by the real estate agency technically the correct action to take? They didn't steal anything, just dropped off their real estate stuff after breaking the locks and putting new ones on the door.

What the heck should I do? I'm afraid I'm going to take the wrong action by calling 911 directly, but I can't get an attorney on the phone to give me any kind of advice.

[tobee43]

oh no...i would never call 911...(being married to a retired state police...u don't call 911 for this).

you do want to call in a break in according to what you said in your post:

I visited my rental property about a week later and the door locks were changed. There was no notice on the door or anything indicating why someone would have changed the door and locks.

i would report that and have a police report asap on it....otherwise you have no back up or proof you reported the situation for future proposes if you need it...which you may.

i'm certain most people are gone for the holiday....but i would call back the police and ask someone to meet you at the property and get a written report done...however, this is not a 911 situation....

[slandsharkk]

I will have to go back to the property tomorrow and will then have the police meet me there for a report. I did call my condo management company the same day I found out about it while I was at the condo and explained the situation, so it's on record on their end at least (if I need some kind of witness/statement or something). I have a receipt for having the locks changed back on that same day.

Thank you tobee43 for offering advice.

[tobee43]

I will have to go back to the property tomorrow and will then have the police meet me there for a report. I did call my condo management company the same day I found out about it while I was at the condo and explained the situation, so it's on record on their end at least (if I need some kind of witness/statement or something). I have a receipt for having the locks changed back on that same day.

Thank you tobee43 for offering advice.

your welcome...i hope it helps..also make certain the police write in the report the company who put the condo up for sale...it's really important since many reports are reviewed and then charges are filed based on the police reports...in this case even if you personally have to with the town, or county i would file charges against the Realtor that put the place up for sale without a contract or permission....somehow attempt to get that "name" in the police report if you can.

good luck with it!! and make sure you keep us posted!

[slandsharkk]

your welcome...i hope it helps..also make certain the police write in the report the company who put the condo up for sale...it's really important since many reports are reviewed and then charges are filed based on the police reports...in this case even if you personally have to with the town, or county i would file charges against the Realtor that put the place up for sale without a contract or permission....somehow attempt to get that "name" in the police report if you can.

good luck with it!! and make sure you keep us posted!

That name is easy, the guy left the realtor sign for his company (leaving names out on purpose just in case) and also his personal sign with his name and number on it. Also I found the lock box they were going to use, but all of this stuff was stashed in the closet by the front door so the lock box was not on the door.

At the very least, for now I've written up a time line and what has happened and who I spoke to, etc.

[tobee43]

now...no one sued you did they....??? i mean you didn't lose this property in a suit and not know right??? i know that sounds crazy but this is just too much....

it's happening here in florida....people are running scams on vacate properties ....selling them as foreclosures and people are buying them and finding out they are still owed!!!!

[slandsharkk]

There's no lawsuits that I know of. I didn't hear back from the real estate company for over an hour so I called them back instead. They informed me that their info says the condo was sold to an investment company by the county and now the investment company is working with the real estate company to sell it to a new owner. I would think the county would have to give me some kind of notification if they attempted to sell the property or even take ownership of it themselves, regardless if it was a mistake or not. The real estate agent also was upset with me that I had the locks changed back as she stated "we paid big bucks to have the locks changed, you didn't have them drilled out, did you?". Of course they had to be drilled out by the locksmith (at least the deadbolt did). Now she says the county office is closed and she won't be able to get back to me until monday.

That's pretty much where it stands now.

[tobee43]

There's no lawsuits that I know of. I didn't hear back from the real estate company for over an hour so I called them back instead. They informed me that their info says the condo was sold to an investment company by the county and now the investment company is working with the real estate company to sell it to a new owner. I would think the county would have to give me some kind of notification if they attempted to sell the property or even take ownership of it themselves, regardless if it was a mistake or not. The real estate agent also was upset with me that I had the locks changed back as she stated "we paid big bucks to have the locks changed, you didn't have them drilled out, did you?". Of course they had to be drilled out by the locksmith (at least the deadbolt did). Now she says the county office is closed and she won't be able to get back to me until monday.

That's pretty much where it stands now.

by the county??? what without notification to you??????

i mean you should have rec'd something for back taxes or some type of suit if it were sold by the county...notice of auction...something....GET AN atty asap as well...so sorry....hope your new year brings you better luck!

[slandsharkk]

I went ahead and had a police report filed today for breaking in to the condo (I ended up having to call 911 and have them come out to the condo), explaining the basics of the situation. I'm still waiting until monday to get a hold of the attorney though. I'll update again when I can.

[tobee43]

best of luck with it...sounds like somehow someone got a lien against the property....back taxes or something??? otherwise unless the realtor is lying why would the county be involved at all??

[slandsharkk]

best of luck with it...sounds like somehow someone got a lien against the property....back taxes or something??? otherwise unless the realtor is lying why would the county be involved at all??

Wouldn't the county need to notify me before taking the property and selling it? Plus I thought there would need to be an eviction or something before they change the locks on my door. Lastly, there has been no change in deed/title according to public records which would mean it's still in my mine. I found the RCA law for what the county is required to do (as far as notifying the current owner before and during a foreclosure) and none of that was done. Also, I have a HELOC out on the condo and the county would have had to notify the bank about any foreclosure or selling of the property too I believe. Wouldn't the bank require the HELOC to be paid off before the property could be sold?

I'm hope I'm right on the above, but I really have no idea what's going on. I hope the attorney can shed some light on the situation.