Interesting Twist in Forclosure if true - Bank tries to give Paulding home back

[The Sound Guy]

Found this on 11 Alive this afternoon.

 

Seems like to me that if the bank indeed changed the locks, then it's their house. I do hope the Marshall's office is holding off until they get the full story. I'd hate to have the county sued for improper arrest because the bank didn't complete it's part of the paperwork. Been a lot of that lately, did anyone see the article on the couple in Florida that foreclosed on a Bank of America Branch because they won a judgement against the bank in a bank foreclosure screw up and it didn't pay? LMAO!

 

Seems like this would be easy to check out, foreclosure papers would have had to be filed in our courthouse right? Notices in the New Era?

 

Also seems to be another reason to stay off of Facebook, too much of your past can catch up with you.

 

 

Facing-arrest-man-cleans-up-home-he-says-isnt-his

 

 

PAULDING COUNTY, Ga. -- It is 95 degrees in the shade, but 46-year-old Curtis Neeley, with high blood pressure and heart trouble, doesn't have time to rest.

 

His old yard had to be cut by the close of business Wednesday or he could have gone to jail. Even now that it's done, he could still end up behind bars.

 

"Cutting the grass today is keeping me out of jail," he said, sweating in the oppressive heat. "But if the house doesn't get demolished in 14 days, I'm going anyway."

 

It's all part of an apparent snafu with the bank that Curtis and his attorney say took possession of the property during a foreclosure and bankruptcy two years ago.

 

"I left the house two years ago," Neeley said. "The mortgage company came in and changed all the locks on the door so I couldn't get in."

 

After taking the Paulding County house -- and maintaining it -- the bank is now trying to foist it back on him, Neeley claimed, saddling him with the cost to tear it down; something he doesn't have the money to do.

 

<Snip>

 

The county says its goal is simply to get the property cleaned up, and unfortunately for Neeley, marshals consider him to be the owner. After trying to track him down for months, they finally located him on Facebook.

 

However, officials will likely now hold off on any further threat of arrest, at least until their lawyers can cut through the blur of the bank's role with Neeley's property.

[GeorgiaTornado]

I saw this on the news.... I think the fire dept should use it as a training exercise.

[lacey]

he is on facebook and we have friends in common...he is talking about it on there too. I don't know him but he was easy to find.

[tbird]

This is something that a lot of folks don't understand. Just because the mortgage company forecloses on your house--does not mean that it is out of your name. Due to the amounts of foreclosures and the huge amounts of paperwork involved--most companies are not putting the properties in their names. As long as the property is still in your name at the Courthouse---you are responsible for the taxes, insurance, and upkeep. Is it fair--heck no--but it is the way the law is written.

 

We have run into this numerous times with folks filing BK and surrendering the property. A year later, they will get a letter from the County or someone saying that the grass needs to be cut or the taxes haven't been paid or something like that. You can sometimes get them to back down after showing them a mountain of paperwork--but they don't have to.

[Thoughts from the Evil Galaxy]

Counties are cracking down on abandoned houses and there are a lot of them. They must have been looking for him a while if they are threatening him with arrest. What's he suppose to do? He can afford to tear it down. What is thowing him in jail suppose to accomplish???

[The Sound Guy]

This is something that a lot of folks don't understand. Just because the mortgage company forecloses on your house--does not mean that it is out of your name. Due to the amounts of foreclosures and the huge amounts of paperwork involved--most companies are not putting the properties in their names. As long as the property is still in your name at the Courthouse---you are responsible for the taxes, insurance, and upkeep. Is it fair--heck no--but it is the way the law is written.

 

That's nutz!

 

If they lock me out of it, how am I supposed to keep it up? Can they have the sheriff evict you when it's in your name? I would think that as long as it's in your name, you would have control over it.

[michelay1000]

That's nutz!

 

If they lock me out of it, how am I supposed to keep it up? Can they have the sheriff evict you when it's in your name? I would think that as long as it's in your name, you would have control over it.

 

Exactly

[tbird]

That's nutz!

 

If they lock me out of it, how am I supposed to keep it up? Can they have the sheriff evict you when it's in your name? I would think that as long as it's in your name, you would have control over it.

 

 

THEY (mortgage company) doesn't do it---it is count ordinances and such that are getting folks. The tax thing is really not a biggy--what they gonna do if you don't pay your property taxes??? Put a lien on the property and put it up for a tax sale---you don't care if you have already surrendered. It is just a hassle. The upkeep of the property is where the problems come in and more and more counties are gradually starting to enforce. All they can do is go on who's name is listed at the Courthouse--and BK stuff is not at the county Courthouse.