I recently got an interesting e-mail from a former homeowner, who lost his home county sheriff foreclosure sale. Experience of foreclosure victims illustrated by the fact that many of those in danger of losing their homes are aware of many aspects of how foreclosure works, both before and after the auction. Full text of this e-mail, something to correct the grammar, is presented below:
You are probably aware of it, but please tell the people in your articles to be aware of all the other defendants the names of the foreclosure. I broke my back in 1999 and became disabled, losing my income, a Bank of America taken on me in 2001. Unbeknown to me, I had a surplus in the auction of $ 30 thousand dollars, which is due to the county, and then in the state as unclaimed. In 2006, one of the defendants took money even after they were discharged in bankruptcy. I just found out about it in 2008, and I do not know if I have any recourse. Let know if anyone's name on a foreclosure with them and they do not owe them money and try to remove it. Also tell them to be aware of the bank and its attorneys. My house was auctioned at the end of December 2002, and before that, somehow let the winner of the auction the bank take my house and a lot of my property in October 2002, before the auction. You are screwed into these foreclosure. If you ever get hurt in this country, you can lose everything. However, now the government will bail out all these people and their mortgages. I say let them go through what I went through - no one came to me, my wife and my children are seven 'rescue.
homeowner is entitled to $ 30,000 in proceeds from the auction house, but it seems that someone else with a stake in the property named as a defendant in a foreclosure action could claim that money from the state. This may be a co-signer or just someone else on the list work at home or appointed in conjunction title paperwork. In any case, the homeowner facing foreclosure is now all of that money, which probably could have made a significant positive impact on his family life.
This case also illustrates the fact that the Government failed to protect homeowners' property. Although this is one of three reasons that governments are formed in the first place (to protect life, liberty and property, that "the pursuit of happiness"), it is clear that the state did not lift a finger to protect the homeowner's $ 30,000. Instead, he simply kept the money for themselves as "unclaimed" until someone came along to the request. After all, if the government accused the court called a foreclosure lawsuit, then the Government will provide funds to the complaint who is calling. Being accurate is irrelevant, as a homeowner silence was taken for consent.
Unfortunately, the homeowner this e-mail is probably right when he guesses that there is little recourse. He can try to sue the other party, which claimed $ 30,000, but will not be able to hold government accountable for paying out money to someone who had no real right to it. Governments have "sovereign immunity", which means that they can not be held responsible, in most cases, when they fail to uphold their duty to protect life, liberty or property. For example, a person can sue the thief for stealing their car, but can not sue the police for failing to protect the car, although they have a constitutional (and state and federal) office property protection "of citizens."
Thus, the homeowner May be able to go back to the government courts and sue the person who has $ 30,000, but if it is already gone and spent, then it May be very difficult to get any of it back. Also, if the Government decides that the original foreclosure lawsuit paperwork is correct, it may declare that $ 30,000 went to a third party legally. Going back and shows how the paperwork was wrong and the party should not be called in this way can be even more difficult, expensive and time consuming.
This should serve as another warning to the house in danger of foreclosure. Avoiding opening mail or reading through the foreclosure paperwork can have serious, negative, costly, unintended consequences later, even years after the ordeal was over. It is also quite amazing that this particular foreclosure victims took time to write a warning to other homeowners in similar situations, and it should be ignored only at the other house 'hazards. Government and banks should not be trusted to spend the right way - always make them prove it in court. This is the best way to keep on top of the party and make sure that even the smallest fee will go to the house.
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