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Foreclosed On..or So They Thought, Sued Three Years Later after moving out!

By
Real Estate Agent with Premiere Property Group,LLC Portland Metro & Suburbs Oregon

Forclosed onForeclosed On ..or So They Thought, Sued Three Years Later after moving out!

Three years ago when the foreclosure crisis was at it's peak, a friend of mine tried to save her Portland home via a short sale. The bank eventually gave her notice to leave her property as it was going to auction and she packed up her stuff and moved out.

Like many, she had no place to go and had to start over...her business suffered as the economy slowed. Thankfully she was able to bunk with a good friend until she got back on her feet..which she has successfully done. So imagine her surprise when she gets sued by someone who tripped on the sidewalk in front of her house! How can she be sued you ask? Well, because SHE IS STILL SHOWING AS THE OWNER OF RECORD!

I was asked to check for her and sure enough, she is on title everywhere I look. The shame of all this is that she could have been living in her home that has sat vacant for three years,  but at the time her bank wouldn't work with her. This of course is never good for any neighborhood. I will recommend that she contact a real estate lawyer to see what her rights are. This makes me wonder how many others were told to vacate, move on and yet are still the owner of record.

If you were given a vacate notice on your Portland Metro property...you might want to check out if you are still the current owner of record!

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Knowledgeable, Approachable, Service Oriented

Cindy Westfall ABR,GRI

Premiere Property Group,LLC

5000 Meadows Rd., Ste. 150, Lake Oswego, OR 97035

Cell: 503-819-5241      

E-Mail: cindy@cindywestfall.com

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 Cynthia Westfall is licensed in Oregon State

 

Comments (41)

Tanja Cisliek
Future Home Realty - Seminole, FL
Real estate with passion and professionalism!

Your friend must have been/must still be so upset! Having to leave her house because of her financial hardship, and then to be sued over that very home that you have been grieving for - its like salt in the open wound!

Jun 30, 2012 02:36 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

Whoa...that's horrible. But I can see why she moved out and tried to forget it....yikes.

Jun 30, 2012 02:44 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Debbie, Since she is still listed as the owner, it was definitely adviced to see an attorney.

Jun 30, 2012 03:38 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Rob..no short sales you say?? You are VERY lucky!

Jun 30, 2012 03:39 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Andrea, I will, I know she is happy where she is now....but she did love her home and took great care of it.

Jun 30, 2012 03:40 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Eve, She should, but I think at this point she just wants to put that year behind her.

Jun 30, 2012 03:42 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Rob, in many places there is a responsibility of the homehomer to maintain that sidewalk strip in front of their home. Of course the city needs to do their part. I know in my last home, they came around and grinded down the cement edges that were sticking up from tree roots. Most people don't put their home in an LLC..but it might just be a good thing to look into in our sue crazy society.

 

Jun 30, 2012 03:48 AM
The Keith Kropp and Wayne Rogers Team
Michael Saunders & Company - Sarasota, FL
Nowhere But Here

Gee, this is the new normal in Florida where 275,000 foreclosure cases are clogging the courts, the banks have over 200,000 vacant homes not even on the market, hundreds of thousands of homeowners haven't made payments in over two or three years and are not even in foreclosure yet and another million homeowners are grossly underwater and just hanging in there.  At the same time inventory is shrinking, multiple offers are getting common again and sales are strong.  Just shows me that after 28 years in the business, I still haven't seen it all.  I should have been working on Wall Street, or should I say Easy Street.

Jun 30, 2012 04:11 AM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

WOW!! This kind of stuff makes my blood boil and skin curl. These banks are becoming more pathetic by the day. :(

Jun 30, 2012 05:52 AM
Amanda S. Davidson
Amanda Davidson Real Estate Group Brokered By Real - Alexandria, VA
Alexandria Virginia Homes For Sale

This is horrible on so many levels. Suing for tripping on the sidewalk? Unreal. Then to add insult to injury it's on a house that she hasn't been in or thought she owned in years.

Jun 30, 2012 06:01 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Sandra, if she only knew that then I know she would have stayed.

Hi Judy since she hasn't made ANY payments in years to anyone with regards to this house since she left, I can't imagine who the suer thought they could go after.

Hi Marte, yep..something like that...unfortunately, so many people were hired by the banks to deal with homeowners going through this. They weren't trained, were overwhelmed and just followed the instructions given to them.. frustrating soooooo many. Yes, it was not handled well and so thus so many like my freind were put out of their homes when they didn't need to be.

Hi Amy, the odd part of all this is that she kept watching her house for it to go on the market...or get auctioned as threatened. While she watched it sit vacant, she was tempted to just move back in, but at this point she had already started over elsewhere and was afraid that if she did, the sheriff would show up. The last thing she wanted was more embarassment or havoc.

Hi Michael, Interesting. I suspect that with all the "pushing foreclosures through" there will be a lot of things that will start popping up as you said.

Hi Tni, Since this is your area of expertise I bet you've seen more than your share of this type of thing.

 

 

 

Jun 30, 2012 11:50 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Tanja, she is, but is more amazed at this point since it's been so long. She was telling me last time I saw her that even though it was not something she would wanted ever to happen, she found out that is a very strong person and realized that she  can and will survive hardships thrown at her. Here attitude is inspiring.

Hi Karen, yep..three years is a long time and she has moved on. She does however need to figure out a way to get her name off the title..or perhaps the bank will be willing to work with her at this point. It's an open unknown for sure.

Hi Keith, I was thinking about Florida and reading about all those vacant homes with pools. Seems to me the banks would rather get something then nothing but they are obviously getting something from it.

Hi John, I'd like to think that the banks would be more willing to work with a homeowner today but this might be naive of m Three years ago...well..fiasco city and so many suffered.

Hi Amanda, well, the only good thing that came out of it was that it let her know that the bank was not on title..so she knows she needs to do something about it.

Jun 30, 2012 12:05 PM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

stories such as this are far too common today...lenders and serviocers have no clue what is going on

Jun 30, 2012 01:06 PM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I think the big banks are going to regret the day they treated us all like this.  I am never going with a big bank again.

Jun 30, 2012 01:41 PM
Woody Edwards
First Choice Realty, Inc - Chesterfield, VA
A Realtor® Who Answers His Phone!

Nothing the banks do or say surprises me anymore!

Jun 30, 2012 03:02 PM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

Interesting post. Homeowners should always seek advice about real estate issues and challenges from a competent Realtor that is part of their personal financial services team of resources, shouldn't they?

Jun 30, 2012 04:25 PM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Cindy, the short sale and foreclosure market seems to be in a continuing state of flux.

Jun 30, 2012 10:58 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I know that in my area that happens alot & really isn't accurate most of the time. The only way to be sure is to do a title search & hopefully the bank has put it into their name.  I've also heard where the bank doesn't put the house in their name so they don't have to take care of it during that time.  Chicago has put in an ordinance against that stuff.

Jul 01, 2012 05:15 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Cindy:

I agree with those that say when a property is foreclose on the owner should stay in the home until they are forced to move out.  Especially, when you hear this type of horror story.  What a shame.

Jul 02, 2012 05:56 AM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

I missed this post when you wrote it. What a story. You must let us know how it ends.

Jul 07, 2012 01:22 PM