This is a bit of a long story ...
House included and discharged in ch 7 bk. Live in Illinois, a Judicial state. House was sold at sheriff sale on October 12th 2010 to the bank that had our HELOC. They bought it for $1 over what was owed on the first mortgage. We turned over posession of the house in late November to the bank that bought it. In Illinois, there needs to be a court hearing where a judge confirms the sale of the home before the deed is recorded. The hearing for the judge to order the approval of the sale was on Jan 25th 2011. A few weeks after that date, I called the sheriffs office and asked if the deed was recorded/out of our names. I was told yes and they sent me a copy of the sheriffs deed which included the sale date of October 12th.
A week ago, we received a notice of motion to amend the order approving the sale of the home - this is set to be heard in front of a judge on May 24th. It is from the attorneys office that handled the foreclosure from the first mortgage. I called them to see what this is all about and they told me that the judge did NOT sign the order approving the sale back in January, and it is now set for May 24th. I asked why he didn't approve it and all I was told was that the Judge requested a later hearing to approve the sale and something about "paperwork." I then asked the person I was talking to (a legal secretary) if the house/deed was still in our names. She said that it is, the deed was never recorded and what I received from the sheriffs office was confirmation of the sheriffs sale, but not the actual name change on the deed. Lo and behold, it is still our house at this time.
Since turning over posession of the house to the bank that bought it, the bank has gutted the place -- new kitchen, granite countertops, new bathrooms, new carpet, pulled out trees/bushes/landscaping, plans for a new walkway/sidewalk from the driveway to the front door, plans to paint the entire house, they pulled the hot tub out of the deck and filled in the hole with new wood etc... It wasn't in terrible shape or anything, but was in need of some sprucing up. We left it good condition -- spotless, floors cleaned, carpets vacuumed, nothing left in the place, the 1 acre property was spotless when we turned it over to them.
Well, someone from the village came by the other day and put a stop work order on the front door b/c they have not had ANY permits to do the work! They also pulled out a bunch of evergreen trees/bushes, which they needed approval/permits to do. The village is strict about trees -- if it is a nice tree that is removed, it needs to be replaced and the plans need to be approved. Needless to say, I am a little unsettled over this now that I know the house is still in our names. I don't want the village going after us for fines or something like that since they did all this work w/out permits. Furthermore, I am pretty pissed that we could have spent another 8 months or so in the house without paying the rent we are paying since we moved out. Additionally, the "clock" that starts the time when we can buy another house isn't even started yet until the deed is out of our names, yet we thought it had already started back in late January when we were told the deed was recorded.
I plan on calling the person from the bank to whom we gave posession of the house and discussing things with him. He is a Senior VP at the bank (small, local bank) and has been apparently been making all of the decisions on the work to be done on the house. One of my dear friends lives in the house across the street from our former home, which is how I know all of this. She saw the bank VP there this morning and said he didn't look too happy when he was reading the large red stop work order from the village on the front door!
I kind of feel like asking this guy to reimburse us our rent money ( I know, fat chance of that) since we were told that the house was to be out of our names back in January. I am also wondering how they are going to get permits for the work that they are doing/have already done when they are not the formal owners of the house yet. Wouldn't we need to be the ones applying for permits for the work?
I am thinking that this is such an unusual situation that no one knows the answers to my questions, but what do you think?
House included and discharged in ch 7 bk. Live in Illinois, a Judicial state. House was sold at sheriff sale on October 12th 2010 to the bank that had our HELOC. They bought it for $1 over what was owed on the first mortgage. We turned over posession of the house in late November to the bank that bought it. In Illinois, there needs to be a court hearing where a judge confirms the sale of the home before the deed is recorded. The hearing for the judge to order the approval of the sale was on Jan 25th 2011. A few weeks after that date, I called the sheriffs office and asked if the deed was recorded/out of our names. I was told yes and they sent me a copy of the sheriffs deed which included the sale date of October 12th.
A week ago, we received a notice of motion to amend the order approving the sale of the home - this is set to be heard in front of a judge on May 24th. It is from the attorneys office that handled the foreclosure from the first mortgage. I called them to see what this is all about and they told me that the judge did NOT sign the order approving the sale back in January, and it is now set for May 24th. I asked why he didn't approve it and all I was told was that the Judge requested a later hearing to approve the sale and something about "paperwork." I then asked the person I was talking to (a legal secretary) if the house/deed was still in our names. She said that it is, the deed was never recorded and what I received from the sheriffs office was confirmation of the sheriffs sale, but not the actual name change on the deed. Lo and behold, it is still our house at this time.
Since turning over posession of the house to the bank that bought it, the bank has gutted the place -- new kitchen, granite countertops, new bathrooms, new carpet, pulled out trees/bushes/landscaping, plans for a new walkway/sidewalk from the driveway to the front door, plans to paint the entire house, they pulled the hot tub out of the deck and filled in the hole with new wood etc... It wasn't in terrible shape or anything, but was in need of some sprucing up. We left it good condition -- spotless, floors cleaned, carpets vacuumed, nothing left in the place, the 1 acre property was spotless when we turned it over to them.
Well, someone from the village came by the other day and put a stop work order on the front door b/c they have not had ANY permits to do the work! They also pulled out a bunch of evergreen trees/bushes, which they needed approval/permits to do. The village is strict about trees -- if it is a nice tree that is removed, it needs to be replaced and the plans need to be approved. Needless to say, I am a little unsettled over this now that I know the house is still in our names. I don't want the village going after us for fines or something like that since they did all this work w/out permits. Furthermore, I am pretty pissed that we could have spent another 8 months or so in the house without paying the rent we are paying since we moved out. Additionally, the "clock" that starts the time when we can buy another house isn't even started yet until the deed is out of our names, yet we thought it had already started back in late January when we were told the deed was recorded.
I plan on calling the person from the bank to whom we gave posession of the house and discussing things with him. He is a Senior VP at the bank (small, local bank) and has been apparently been making all of the decisions on the work to be done on the house. One of my dear friends lives in the house across the street from our former home, which is how I know all of this. She saw the bank VP there this morning and said he didn't look too happy when he was reading the large red stop work order from the village on the front door!
I kind of feel like asking this guy to reimburse us our rent money ( I know, fat chance of that) since we were told that the house was to be out of our names back in January. I am also wondering how they are going to get permits for the work that they are doing/have already done when they are not the formal owners of the house yet. Wouldn't we need to be the ones applying for permits for the work?
I am thinking that this is such an unusual situation that no one knows the answers to my questions, but what do you think?
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