Posted on: 19th Apr, 2007 01:28 am
my father passed away in 2004 and i just found out about this. he lived in florida and put me down on a quit claim deed. well the house and property was auctioned off without my knowledge. my question is how can i get what should of been mine and do i receive anything like a loss from this?
Hi Sylvia,
Welcome to the forums.
The property should not have been auctioned without your knowledge as it belongs to you. Your father has signed over quitclaim deed. Now, if that is so, then your signatures will be required for the sale of the home. Was there anyone else on the title? May be the person who sold off the home was on title and must have auctioned it and taken away the proceeds.
What you can do is contact an attorney and take his advice in getting back the property, if it is still legally possible. If the seller had an interest in the property, you may not get it back but then at least the law should take some action against someone who deprived you of your home and that too in an illegal way.
Take Care
Welcome to the forums.
The property should not have been auctioned without your knowledge as it belongs to you. Your father has signed over quitclaim deed. Now, if that is so, then your signatures will be required for the sale of the home. Was there anyone else on the title? May be the person who sold off the home was on title and must have auctioned it and taken away the proceeds.
What you can do is contact an attorney and take his advice in getting back the property, if it is still legally possible. If the seller had an interest in the property, you may not get it back but then at least the law should take some action against someone who deprived you of your home and that too in an illegal way.
Take Care
I should of been a little more specific. My dad lived in Fla and I'm in Ky. My name along with another name is on the quitclaim deed. She was a relative to my dads wife who passed away before him. I have no clue who she is but it seems that all these different companies that say they can find money for you can't locate her. There was a certified letter sent to us about the auction but at the address my dad lived at. I never lived at that address, just visited him back in the late 70's. So the letter was returned to the court house. I heard the estate was auctioned off to cover taxes and there was a tremendous overbid on it. I was suppose to be getting interest incurred on the house once my dad passed away and just now learning all this. My understanding is that several of my dads wifes side has been trying to claim the other ladys funds but has been denied. My neighbor said some man had been trying to locate me so he can buy the part I'm suppose to own from me. He wants to give me $2500 so he doesn't have to go through an attorney to file a Quiet Title. I'm thinking he's trying to get a bigger chunk of monies owed me if I do this. Sounds too fishy to me. I'm going to investigate further. I was told that I would be getting what is called a loss for it being auctioned without my knowing. And this could be up in the thousands. Sorry so long. Just wanted to find out others opinions on this. Thanks.
Hi Sylvia,
It seems from what you have said that there were back taxes which were unpaid at the time of your father's death. And a tax lien placed on the home, and the house was auctioned off to recover the tax dues.
You need to get in touch with the court which supervised the auction to know how much the taxes were and for how much the estate was auctioned off. Only after that you will be able to know if you were to get something left after the tax liens were satisfied or not.
Miller
It seems from what you have said that there were back taxes which were unpaid at the time of your father's death. And a tax lien placed on the home, and the house was auctioned off to recover the tax dues.
You need to get in touch with the court which supervised the auction to know how much the taxes were and for how much the estate was auctioned off. Only after that you will be able to know if you were to get something left after the tax liens were satisfied or not.
Miller
Hi Sylvia,
I think you should approach the court house which sent you the certified letter and find out exactly why the property was auctioned, whether it was auctioned by the IRS due to non-payment of taxes and if the IRS has previously sent a notice to the other lady who was on the title along with you.
If the IRS has informed the lady prior to the auction, then she should have paid the taxes or else informed you if it was possible. You could have then prevented the property sale. I think it will be better if you enquire at the court house and try to find out the exact sale price and the taxes paid off with it. You can then claim the difference. But then I am not quite sure as to whether the court or the IRS whoever has organized the suction will be returning your money.
You may at the best consult an attorney in this regard and then find out what you can do legally to get back the money, if any , remaining after the taxes are paid off using the sale price.
Hope this helps..
God bless you.
Samantha
I think you should approach the court house which sent you the certified letter and find out exactly why the property was auctioned, whether it was auctioned by the IRS due to non-payment of taxes and if the IRS has previously sent a notice to the other lady who was on the title along with you.
If the IRS has informed the lady prior to the auction, then she should have paid the taxes or else informed you if it was possible. You could have then prevented the property sale. I think it will be better if you enquire at the court house and try to find out the exact sale price and the taxes paid off with it. You can then claim the difference. But then I am not quite sure as to whether the court or the IRS whoever has organized the suction will be returning your money.
You may at the best consult an attorney in this regard and then find out what you can do legally to get back the money, if any , remaining after the taxes are paid off using the sale price.
Hope this helps..
God bless you.
Samantha
I contacted the courthouse and was told that my dads property was auctioned off due to taxes and that I would be receiving interest from that. Something about a loss owed to me. I just know that I could of been found as I did my own people search on myself and came up with my old address but any mail to that address would of been forwarded to my new address. Plus my mom has never changed her address. Oh well I will take the amount they are suppose to send me. I just mailed a claim form into them certified mail and they received it Thurs. I was told the county attorney was slow and probably wouldn't hear anything back for 1-2 months. Guess I've waited this long. Thanks for everyones help on this matter.
Hi,
It's good that you have sent them a certified mail and received the amount. At times, there is delay in legal matters and that is why probably the county was a bit late in sending you the money. Anyway, I feel happy to know that things have settled.
Take Care
It's good that you have sent them a certified mail and received the amount. At times, there is delay in legal matters and that is why probably the county was a bit late in sending you the money. Anyway, I feel happy to know that things have settled.
Take Care