Mortgage Foreclosure to Eviction Timeline, Detroit-- Anyone Know?

**Llama** · November-22-14, 03:31 PM

Asking this for acquaintances with no net access. They're living in/renting a Detroit house owned by a relative. Paying cash, no lease. Owner told them to find another place, that she was selling the house. We found it online listed as a short sale, but realtor listing has been removed.

Now zillow.com shows this notice about the house--
This property was scheduled to be sold at a foreclosure auction on 10/30/14 at 11 a.m. at THE CIRCUIT COURT WITHIN WAYNE COUNTY, DETROIT. Because auction dates often change or are postponed, it is unknown at this time if this auction was held. Please confirm with a foreclosure specialist.

What does that mean, or probably mean? How can they find out? Owner has been unhelpful, other than to say she has the house for sale [[which we figured would take forever plus, to get a short sale approved), though apparently the mortgagor has foreclosed.

Wayne County shows no back taxes due on the property-- presumably the mortgage co. continued to pay them.

What happens next? How long do they likely have to vacate-- before sheriff shows up to haul all their belongings out to the street, if that's the next step.

They have continued to pay rent to her, but I'm thinking at this point that is a big So What ...

**getmoore** · November-22-14, 08:04 PM

Originally Posted by Llama

Asking this for acquaintances with no net access. They're living in/renting a Detroit house owned by a relative. Paying cash, no lease. Owner told them to find another place, that she was selling the house. We found it online listed as a short sale, but realtor listing has been removed.

Now zillow.com shows this notice about the house--
This property was scheduled to be sold at a foreclosure auction on 10/30/14 at 11 a.m. at THE CIRCUIT COURT WITHIN WAYNE COUNTY, DETROIT. Because auction dates often change or are postponed, it is unknown at this time if this auction was held. Please confirm with a foreclosure specialist.

What does that mean, or probably mean? How can they find out? Owner has been unhelpful, other than to say she has the house for sale [[which we figured would take forever plus, to get a short sale approved), though apparently the mortgagor has foreclosed.

Wayne County shows no back taxes due on the property-- presumably the mortgage co. continued to pay them.

What happens next? How long do they likely have to vacate-- before sheriff shows up to haul all their belongings out to the street, if that's the next step.

They have continued to pay rent to her, but I'm thinking at this point that is a big So What ...

If the house was sold at auction I believe there is a six month redemption period from the date of sale. So I think they should have at least six months.

**Llama** · November-22-14, 09:14 PM

Originally Posted by getmoore

If the house was sold at auction I believe there is a six month redemption period from the date of sale. So I think they should have at least six months.

I know that is so for TAX foreclosures, but is it true for private mortgage co. foreclosures as well?

**jackie5275** · November-22-14, 09:24 PM

Originally Posted by Llama

Asking this for acquaintances with no net access. They're living in/renting a Detroit house owned by a relative. Paying cash, no lease. Owner told them to find another place, that she was selling the house. We found it online listed as a short sale, but realtor listing has been removed.

Now zillow.com shows this notice about the house--
This property was scheduled to be sold at a foreclosure auction on 10/30/14 at 11 a.m. at THE CIRCUIT COURT WITHIN WAYNE COUNTY, DETROIT. Because auction dates often change or are postponed, it is unknown at this time if this auction was held. Please confirm with a foreclosure specialist.

What does that mean, or probably mean? How can they find out? Owner has been unhelpful, other than to say she has the house for sale [[which we figured would take forever plus, to get a short sale approved), though apparently the mortgagor has foreclosed.

Wayne County shows no back taxes due on the property-- presumably the mortgage co. continued to pay them.

What happens next? How long do they likely have to vacate-- before sheriff shows up to haul all their belongings out to the street, if that's the next step.

They have continued to pay rent to her, but I'm thinking at this point that is a big So What ...

The six month redemption period is accurate. Your friend should call Wayne County Court Services, the office that handles mortgage foreclosure auctions, at 313-224-2260 to get exact info on the property. They can tell you if it was auctioned on 10-30 or scheduled for another date.

**DetroiterOnTheWestCoast** · November-22-14, 10:40 PM

Originally Posted by Llama

Asking this for acquaintances with no net access. They're living in/renting a Detroit house owned by a relative. Paying cash, no lease. Owner told them to find another place, that she was selling the house. We found it online listed as a short sale, but realtor listing has been removed.

Now zillow.com shows this notice about the house--
This property was scheduled to be sold at a foreclosure auction on 10/30/14 at 11 a.m. at THE CIRCUIT COURT WITHIN WAYNE COUNTY, DETROIT. Because auction dates often change or are postponed, it is unknown at this time if this auction was held. Please confirm with a foreclosure specialist.

What does that mean, or probably mean? How can they find out? Owner has been unhelpful, other than to say she has the house for sale [[which we figured would take forever plus, to get a short sale approved), though apparently the mortgagor has foreclosed.

Wayne County shows no back taxes due on the property-- presumably the mortgage co. continued to pay them.

What happens next? How long do they likely have to vacate-- before sheriff shows up to haul all their belongings out to the street, if that's the next step.

They have continued to pay rent to her, but I'm thinking at this point that is a big So What ...

I'd say they have a crappy relative if she won't tell them what's going on.

**sumas** · November-23-14, 04:27 AM

Really no clue on the ins and outs of foreclosure.Must agree with D on west coast that's one crappy relative. I would suggest they put the rent into escrow pending outcome.

**Dan Wesson** · November-23-14, 06:54 AM

Outwardly play it dumb and as the victim. Inwardly be sly and aware like a fox.

**compn** · November-23-14, 12:29 PM

call the circuit court and wayne county treasurer. they'll be able to point you in the right directions.

**Lowell** · November-23-14, 02:59 PM

Good luck to your friends Llama and good for you for helping them. It must be stressful to face being forced to move in the winter.

**Dumpling** · November-23-14, 04:45 PM

Forum member "Ridgeabilly" would know more...

**BankruptcyGuy** · November-23-14, 08:29 PM

Originally Posted by Llama

Asking this for acquaintances with no net access. They're living in/renting a Detroit house owned by a relative. Paying cash, no lease. Owner told them to find another place, that she was selling the house. We found it online listed as a short sale, but realtor listing has been removed.

Now zillow.com shows this notice about the house--
This property was scheduled to be sold at a foreclosure auction on 10/30/14 at 11 a.m. at THE CIRCUIT COURT WITHIN WAYNE COUNTY, DETROIT. Because auction dates often change or are postponed, it is unknown at this time if this auction was held. Please confirm with a foreclosure specialist.

What does that mean, or probably mean? How can they find out? Owner has been unhelpful, other than to say she has the house for sale [[which we figured would take forever plus, to get a short sale approved), though apparently the mortgagor has foreclosed.

Wayne County shows no back taxes due on the property-- presumably the mortgage co. continued to pay them.

What happens next? How long do they likely have to vacate-- before sheriff shows up to haul all their belongings out to the street, if that's the next step.

They have continued to pay rent to her, but I'm thinking at this point that is a big So What ...

The owner retains a right of redemption [[can buy the property back at the bid price) for six months. There's an extension if the loan has a really low loan-to-value.

After the six months are up, the new owner [[bank or buyer at foreclosure auction) has to evict the tenant. That requires a notice to quit, followed by an eviction suit. That's probably 30-60 days, although I'm not sure how backed up the court is. It might be longer.

So the answer is 8-9 months after the sheriff's sale. You can call the number someone else posted to determine the sale date. It can be postponed on a weekly basis, so you may have to keep checking. Good luck.

**GPCharles** · November-24-14, 09:22 AM

"Paying cash, no lease."

Ok, so they are a month-to-month tenant. They should have had no expectation of a long-term tenancy. Keep paying rent but start looking for a new place now. Don't get dragged into the relative's legal problems.

**Wesley Mouch** · November-24-14, 10:14 AM

Originally Posted by sumas

Really no clue on the ins and outs of foreclosure.Must agree with D on west coast that's one crappy relative. I would suggest they put the rent into escrow pending outcome.

Wise. They should still owe rent, but it may be this relative can't be trusted. You might find that you're paying the wrong person. I would think, though, that any new owner would need to contact a tenant first -- but the law works in mysterious ways.

**Llama** · November-24-14, 12:00 PM

Thanks very much to jackie5275, compn and BankruptcyGuy especially. Unfortunately the person who answered 313-224-2260 when I called said she is only able to look up info for the property owner. Which leaves us right back where we started ...

Any other ideas?

**bailey** · November-24-14, 12:07 PM

Originally Posted by Llama

Thanks very much to jackie5275, compn and BankruptcyGuy especially. Unfortunately the person who answered 313-224-2260 when I called said she is only able to look up info for the property owner. Which leaves us right back where we started ...

Any other ideas?

At this point, the smart play is to take GP Charles' advice. your friend has nothing more than a month to month tenancy. They get 30 days notice no matter what the situation is with the foreclosure. The best advice is to find another place before the bank evicts them and not sit around waiting for that shoe to drop. Banks will negotiate with the tenant if it's a matter of days or a week or two to get into a new place you have a lease on... if you're just sitting there with no plan, they're [[as in their attorneys who are being paid on the file) are less likely to to grant any wiggle room.

**BankruptcyGuy** · November-24-14, 09:17 PM

You can try www.legalnews.com/publicnotices/

**AmanStokes** · November-27-14, 01:08 AM

Thanks for sharing this inquiry with us. I believe this will be a great help even to those who are not going through the same situation. Just a friendly reminder, though. A case has been lodged against Chase bank for allegedly giving a Texas man cardiac arrest after foreclosure notices were sent to him. Harry Engel's deadly heart attack [[which Chase denies responsibility for) makes him another victim of foreclosure. We just have to remember to be extra careful when it comes to this kind of transactions because this can lead to another thing. It's better to be sure, right? Source for this article: Heart Attack After Foreclosure

**Mikeg** · November-27-14, 11:00 AM

Originally Posted by AmanStokes

Thanks for sharing this inquiry with us. I believe this will be a great help even to those who are not going through the same situation. Just a friendly reminder, though. A case has been lodged against Chase bank for allegedly giving a Texas man cardiac arrest after foreclosure notices were sent to him. Harry Engel's deadly heart attack [[which Chase denies responsibility for) makes him another victim of foreclosure. We just have to remember to be extra careful when it comes to this kind of transactions because this can lead to another thing. It's better to be sure, right? Source for this article: Heart Attack After Foreclosure

From the article:

Widow sues

His wife, Wando Jo Engel, is suing Chase, according to the Huffington Post, in a wrongful death suit. The Engels were among a number of people who had been given similar instructions. They were told to miss at least one payment to qualify for a troubled mortgage refinance, only to fall into foreclosure after the bank decided to not follow through. Chase hadn’t filed foreclosure proceedings yet, but were in the early stages.

A friendly reminder: anybody can file a lawsuit, collecting a judgement is quite another thing.

Two things pop out at me:

1) both the bank and the client appear to have engaged in an act of collusion to defraud the federal "Making Home Affordable Program", since the client was not eligible for the program at the time he first inquired about refinancing his mortgage.
2) despite the headline and claims of the next-of-kin, the bank had not yet foreclosed on his mortgage when the client had the heart attack.

How can someone make a legal claim against a co-conspirator who gets cold feet and backs out of a plan to defraud the government?

How can someone make a legal claim that a fatal heart attack was induced by a legal proceeding, particularly one that was only in the initial stages and had not yet resulted in a foreclosure?