Our Real Estate Agent took $21,000 and Our home! Please Help?

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We (thought) purchased a home in 2007. Our credit was a not bad but not enough to qualify for a home loan. The realtor agent offered to take the $ 21,000.00 down payment, apply it to the purchase and keep the mortgage papers in her name until we qualified and could put the mortgage in our names. Until then she we were to have, papers signed and notarized giving us legal rights. There was always an excuse to not to sign and notarize any paperwork showing us having any legal right. She never authorized us at the bank to have any contact with them for any reason allowing us access or communication with the lender. Even if we wanted to make a payment online or by phone, we could not due to not being authorized.

Now two years later after paying the mortgage she told us she gave the house back to the bank and bank will no longer accept a check from us to pay the mortgage. Tomorrow it goes up for a trustee sale the only proof we have is the $ 21,000.00 payment made to the mortgage co. in the form of a money order. And cancelled checks and debits out of the bank account for the monthly mtg. There was no rental contract or lease agreement because of course we thought it was our home.

What if anything can, we do and what happens to us after the auction sale tomorrow? How long do we have to vacate?

She also has all our escrow paperwork from the sale of a piece of commercial property we sold in October of 2007, which gave her a very large commission, and will not give it to us. This keeps us from filing our 2007 tax return because we do not have the information of the sale. In correspondence the IRS sent us, it shows that for the sale of our commercial property, the escrow company listed her home address with our name as our mailing address to send correspondences and/or paperwork .

When we call her, she just hangs up on us.

Please advice.

6 Comments
  1. Reply
    jlf
    January 20, 2011 at 6:07 pm

    You need legal advice, not Yahoo advice. If you’d used a lawyer at the time, you wouldn’t be in this mess now.

  2. Reply
    rtfm
    January 20, 2011 at 6:38 pm

    You need a lawyer, NOW.

    You’re not going to get the kind of help you need in a free advice forum such as this. Get a good lawyer.

  3. Reply
    Weimaraner Mom
    January 20, 2011 at 7:12 pm

    the bottom line is you need a lawyer and you need one now. She scammed you out of $ 21k, you totally got screwed by this agent, if she is in fact a real estate agent a call to her broker is the next call you should make after the attorney, then file a formal complaint with the Real Estate Commission in your state, in Florida it’s the Florida Real Estate Commission you need to file a formal complaint of fraud and theft. She could and most likely will lose her license over this and be fined heavily by the Real Estate Commission for illegal practices. Her broker will also be fined because he is ultimately responsible for this.

    If the auction is tomorrow then I’m sorry but you need to be moved out by tomorrow.

    Please call a lawyer you have rights, you might not be able to get this house but you will be able to make this agents life a living hell and ruin her livelyhood.

    I suggest you leave her a message stating if she doesn’t give you all your paperwork you will file a claim with her broker and the real estate commission for theft and fraud.

    Good luck, I’m sorry you’re in this situation, she took your money and obviously did not pay the mortgage with the monthly rent you were paying her and now you’re out money and a place to live.

  4. Reply
    real estate guy
    January 20, 2011 at 7:30 pm

    Thursday morning, see a lawyer.

  5. Reply
    acermill
    January 20, 2011 at 7:57 pm

    I can only emphasize the advice given to you by the others. Get a good attorney immediately. If you had done this when you first got into this mess, you would not have this mess NOW. Get as much of anything in writing as you can get your hands on for the attorney, including evidence of all the payments you made. And the best of luck to you, because you WILL need it.

  6. Reply
    My Take on It
    January 20, 2011 at 8:05 pm

    Get an attorney to advise you on where you stand.

    Most likely you will NOT have to move out on the auction date. That is erroneous advice. There was a new law put into effect last May that gave tenants ( because, really that is what you are, not an owner ) who live in a property that is foreclosed have 90 days to vacate. You are not going to be put out on the street.

    Contact a lawyer though and teach this person a lesson!

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