My mom was out of work for 2 years, so I was making her payments as well as paying my own mortgage. By the end of last fall, I had used up every bit of savings I had and also had hours cut at work. I could no longer help my mom out and had fallen behind on my own bills. I filed my taxes on January 24, knowing that I could not only catch up but also get ahead on my bills with my return. As of today, (August 16) I still have not received my tax return. I also have not received any notices from Central Mortgage about my mortgage.
On August 5, while I was at work, a woman in a truck pulled up outside the property while my boyfriend was working on his truck. She told him she needed to take a picture of the house. He asked her why? She said she was from the bank, and the mortgage was overdue. She explained that every month the mortgage was late, they were required to take a picture of the house to show that it was still occupied. This made sense to all of us, as many people just walk off and abandon the property. He asked her if there was a problem. She said, "No, the next step will be an interview with the mortgage company." He said, "That's it?" She repeated, "That's it" and drove away. After work, he told me what happened and I told him, "Well, I get paid on Friday (August 13), so I'll talk to them then and pay as much as I can."
On Tuesday August 10, as I was leaving my yard to go to work, a truck pulled up alongside me. A woman got out and told me that she was thinking of bidding on my house at the auction that day, and wanted to know if I'd be interested in a lease option? I was floored! She immediately saw the horrified expression on my face. She said, "I'm sorry, you look shocked!" I said, "I am! How can they sell my house without telling me?" She said the auction was set for 11:00 that morning. At that time, it was 9:30. I ran inside in tears and told my boyfriend what the woman outside said. He said, "There must be a mistake, they can't do that without notifying you!"
I called my mortgage company, desperately trying to find out what was going on. My call was forwarded to Ashley, who I was told was the person most familiar with my loan. I was informed that my house was indeed up for auction. I asked how that could be done without any notification to me. She said they hired an attorney's office in Phoenix (Tiffany & Bosco) to handle the paperwork, if I didn't receive anything then I needed to contact them. She gave me the number and I called. I spoke with John, and was told that standard procedure was to send regular mail, certified mail, and put a posting on the property which they then take a picture of. I told them I had never received any mail, and there was never a posting left on my house or on any of my gates! I was told, "We sent letters, if you didn't pick up your mail, that's not our problem." He then told me that regardless of whether or not I was notified, they didn't have the authority to postpone the sale, that had to come from Central Mortgage Company. I hung up with him and called my mortgage company again.
I asked for Ashley again, and she was unavailable. I asked to hold, that it was really important that I speak to her. I was left on hold for a long while, then sent to voicemail. I hung up and called back again. I stayed on hold again, and then my call was forwarded to another woman whose name I didn't get. By this time it was 10:58, and the sale started at 11:00. I was told they would not postpone the sale, it was going to happen that day no matter what.
I spent the rest of the day fighting back tears at work, and trying to research Arizona foreclosure law. It was hard to keep any hope, because pretty much every incident you read about foreclosure, once it gets to the auction point everyone says it's too late. I did find an internet thread about a woman in Michigan who actually called her mortgage company to make a payment to bring her loan current, and was told her property had sold 2 days prior. She was never notified. She fought back and the mortgage company ended up reinstating her loan. This gave me a dim hope, at least.
The next morning I did more research. I learned that part of the procedures they have to follow includes running a public announcement in a local paper for 4 consecutive weeks. I wondered how it was that I or nobody I knew ever saw the announcement. After some deep digging, we finally found the announcement, published in the Casa Grande Dispatch, a paper I had previously never even heard of, and whose circulation boundaries fall miles from the location of my home. I was obviously never going to see this public notice, and it's obvious to me that that's the purpose of it running in that particular paper. I called Central Mortgage Company again, and asked to speak to Ashley.
I was sent to her voicemail. I left a message stating that I would be pursuing legal action, there is absolutely no reason the only notification I received of the sale of my home was from a prospective bidder and hour and a half before it began. Even if I had known 24 hours beforehand, that would have still given me a chance of saving my home. All I wanted was to be given the opportunity to bring my mortgage current, and I wasn't even given a deadline.
We spent the rest of the morning calling attorneys. We finally found one that specialized in foreclosure issues. He said he felt confident that he could get the sale overturned, but he wanted $5,000 up front to do it. Right now, if I am able to get my house back it's going to take me and everyone I know to chip in and bring my mortgage current. If I lose my house, it's going to take everything I have to start over somewhere new. So handing $5,000 over on a maybe is a really hard thing for me to do.
I've spent all week trying to find more specific information on foreclosure auction procedures. Does the certified mail they send have to be signed for, or do they only have to show they sent it? I don't know. It's possible that I didn't check my mail before it was returned, but I know I never got a slip notifying me of certified mail and I certainly never signed for anything. I live in my home, I'm either there or at work every single day. I'm not difficult to find. I haven't left to go out of town, I've never been gone for more than 10 hours at a time this entire year. I know there was never a notice left on my property concerning the auction. The man from the attorney's office said they take a picture of the posting on the property. I have yet to see one. And if they did post a notice, what's to stop them from taking a picture and then leaving the notice lying on the ground, or throwing it to the wind? Shouldn't it have to be secured in some way? Does the public notice only have to be in a paper in the same county, or does the paper actually have to circulate information in the area of the property? These are all questions I have, and have no idea who to go to for answers.
I've called the local HUD office, and got a message machine. I still haven't gotten an email or return phone call. I called Central Mortgage Company on Friday (August 13) and requested copies of everything they did to notify me. Letters, notice put on the property and the dates of each. I was told that "we don't have any of that on file, you'd have to contact the attorney's office for that." You mean to tell me that Central Mortgage Company authorized the auction of my home without having any documentation showing that I had been notified! I called Tiffany & Bosco and asked them for copies of the documents. I was told, "Oh, that file is closed, everything would be in storage."
This was 2 days after the auction would have been finalized, and everything is already "in storage?" Give me a break. I asked what dates the letters were sent and was told, "The initial mailing was sent April 26." Okay, what about the certified letter? No information. What date and time was the posting put on the property? No information. Where is this infamous picture of the posting? He wasn't sure, but it was probably in storage and it may cost me a fee to have someone dig it out for me.
As the homeowner, shouldn't I be entitled to all of that? As of now, I have absolutely no paper documentation that any of this has occurred. The only notification I have is verbal. This can't be legal, but I really don't think I have any way aside from filing a lawsuit of stopping any of this. Central Mortgage Company certainly has no interest in helping me.