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I am not clearly understanding these court papers I got in the mail. Let me start out by saying I am not the homeowner I am his tenant, I have been living in his home and paying rent monthly for 8 years. I received court papers in the mail addressed to occupant so I opened it. Inside there were pages stating that he was in default as of September of 2015 that's almost 2 years ago another page stated there is an assigned trustee being the mortgage company another page states he is in breach and home will be sold on 7/7/2017 at auto unless he can come up with all the past due money owed totaling over 100,000 my question is can he still sell it or is it too latet
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Adverse Possession Attorney serving Phoenix, AZ
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Franklin D. "Troy" Dodge
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On the facts presented,it appears that the title to the property continues in the person who is renting the house to you, unless you are aware that he may have sold the home to someone else either before or since you have been living in the house and paying rent; until paid off, the mortgage lien remains an encumbrance on the property. If he still holds title, he will not lose that title to the mortgage company until such time as the trustee's foreclosure sale takes place. If the mortgage company is the successful bidder at the trustee's sale with a credit bid of its debt, then it will receive a trustee's deed putting it in title to the property, otherwise, whoever is the successful bidder will take title and seek to have you removed, if that is their decision. We are unable to render legal advice on this matter until such time as we are retained pursuant to an engagement letter. Hopefully, the foregoing has been helpful. Thanks you. Franklin D. Dodge, Esq.
Answered on Apr 24th, 2017 at 12:07 PM