My question involves real estate located in the State My question involves real estate located in the State of: California
This is a complicated issue but I'm giving the basics... i need some advice or guidance... or a miracle.
I moved in to my partner's house with him in 2012 and he drew up a simple lease agreement which was used as proof of income while going through a loan modification which was approved. We did not get a domestic partners declaration because we were waiting for the upcoming supreme court decision so we could officially and traditionally be married. Sadly, in August 2014 he got sick and was in and out of the hospital fighting cancer. I cared for him up to his final days when i brought him home where he wanted to be along with hospice care and he passed 2 days later on December 7, 2014. Six months later same sex marriage was federally recognized.
Though I was willed his house, I did not file probate because of $300,000 in medical bills his insurance company declined to pay. I feared they would file a lien on the house instead of trying to resolve it. It took me almost 2 years to straighten that out but it hasten resolved.
I had called the mortgage company (anonymously) after my partner's death and asked a "what if" question as to how someone should handle this situation with them. They said (off the record) if I could afford to make the payments, just keep doing it and don't report the death to them otherwise, they would likely call in the loan. I also noticed this was the general consensus online as well. I made the next 16 payments until the middle of 2016 I missed one and everything came crashing down.
I tried calling everywhere for help and was told since i wasn't the homeowner they couldn't assist me. HUD, Save Your Home California, and so many other organizations shut the door on me. The foreclosure notices were posted and i tried calling but they wouldn't even talk to me at that point because i wasn't on the loan nor was i technically a spouse. The week of the auction i tried once again calling the mortgage company (Seterus) and also tried the trustee begging them not to go through with the sale. Surprisingly, both asked for copies of the death certificate and will. I finally felt things were going to turn around when i faxed them to both of them. Then moments later, i called them both and was told it was too late and they couldn't help me. The house sold at auction on November 2 at way below market value and the $200,000+ in equity my partner left me was gone.That same day i was visited by a rep from the new owners, an investment group and he tried getting me to agree on a move out date. I explained the story to them but it fell on deaf ears. 2 days later a 3 day notice which included a 30/60/90 notice built in was left. Then was the unlawful detainer which i replied to and we set a trial date of April 11. At the last minute the new owners requested a default judgment hearing to be held the DAY BEFORE the trial...never giving me my day in court. Unfortunately, at that hearing the judge granted it because i didn't have a presentable defense. Now i am waiting for the Sheriff to put the 5 day notice on my door. I have nowhere to go, the money i thought i'd have for my future is gone, I now have an eviction on my record so ill never find a place let alone one that will take me with my partner's 4 elderly dogs... 1 in which is blind and another deaf.
I have been told i can file an appeal with a request to stay but i better have a damn good reason for it. Ideally i'd like to sue the mortgage company and have the foreclosure reversed because they didn't stop the sale once i faxed them the will and death certificate. But they had no problem sending a tax form with my partners name AND my name proving they knew he passed away. But with the Sheriff showing up any day, i am scared I'm out of options.
I should also mention that from 2006 through just shortly before i met him in 2013, he had some sort of relationship with a real estate guy that would refinance his mortgage every couple months He bought this place for $138,000 in 1996. in 2016 the foreclosure amount t $498,000 and is now a 40 year loan, of which 37 years is still remaining. He had the house refinanced at least 20 times during those years and i just cant believe there isn't a mistake in there with the title or deed that could ultimately help me with this.
I really need help. This is such a Grey area for everyone i turn to. I'm not considered a tenant even though i had a signed lease agreement so tenant landlord law wasn't the right direction yet i wasn't technically the homeowner since the deed, loan and everything else was in his name so i couldn't get any assistance from any of the homeowner organizations. I didn't meet anyone's mold and i simply fell though the cracks.
The icing on the cake..... I have been HIV for over 12+ years and always remained undetectable and healthy. Well due to all this stress plus the fear of losing my home and what to do with his dogs my HIV has advanced to AIDS as my T-cell count is now under 100 and have been to the ER twice with the most recent over Christmas for 5 days. I'm fearful of my future.
if there is anyone who has experience with this kind of situation, id appreciate you advice or guidance...Maybe you know of an attorney who might be interested in this case. Anything... I'm so scared of losing my home and my future.... but i'm the saddest because i feel i let i my partner down for not handling this differently... but in the same breath i curse him for leaving this all on my lap to handle. It just makes me sick knowing this investment group took my $200,000 in equity just like that. I want to keep fighting, but at what cost? and could i win?