Grand Junction Woman's Home Sold Out from Under Her

By: Jessica Zartler Email
By: Jessica Zartler Email

Only on 11 News--A Grand Junction woman's house sold right out from under her and the mortgage company's attorneys admit they messed up.

Imagine you're in your home and you hear a knock on the door. You answer and two men say, "Hey we just bought your house in a foreclosure sale,"--that's what happened to Theresa Soto, who never saw a for sale sign in her front yard.

In fact, she says she never knew her mortgage company was kicking her out because she thought they had worked out a deal.

"I missed time off of work, I can't sleep, I'm just always wondering what's gonna happen," Theresa Soto told 11 News in an emotional interview.

Any day the Grand Junction woman could lose her home.

'We have Christmas here, we have every occasion here. This house just doesn't belong to me, it belongs to all my family."

Soto's mother died last year and she fell behind on her mortgage payments. She says American Home Mortgage Servicing Inc. promised she could modify her loan, told her to stop making payments and an agent would call her.

After dozens of calls and letters, Soto says she never got an agent to respond or send a payment plan.

"It's just like I'm a hamster in a wheel. I do everything that they tell me and i'm not getting anywhere," Soto said with tears in her eyes.

Next thing she knew her house was in foreclosure.

"Never sent me a foreclosure notice, never sent me an intent to sell, nothing. I didn't know nothing until two men were at my door and said they bought my home."

That's when she got an attorney and just weeks later, attorneys for American Home Mortgage Servicing filed a motion saying the mortgage company agreed to work out a payment plan but didn't give that plan to the attorneys. And because the attorneys didn't know, they sold Soto's home.

A company spokesperson says she is looking into what happened and at this time can't comment any further.

But Soto's attorney Ryan McGuirk with Elder & Phillips says it's a lesson to all homeowners struggling to make payments or facing foreclosure.

"If the lender is offering to give you a re–instatement plan or a modification to your current loan, you need that in writing if you want to hold them to it," McGuirk told 11 News.

He says soto did have some letters but a lot of talk with the mortgage company was over the phone and although he was able to postpone the sale, Soto's fight is far from over.

The home sale has been postponed until June 6 but unless soto can work out a deal in the next two and half weeks, her house is as good as sold.

Right now she's scrambling to refinance through another bank but after our calls to American Mortgage Servicing is promising to resolve this whole situation quickly.

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  • by sonia Location: northridge on May 21, 2009 at 07:13 AM
    My house is in forclosure I have been down to the accessor to cure the default.I am in process of sending a modification letter in with american home morgage.This company filed bankrupsy 2 years ago and is unable to refinance my morgage and I will be furious if modification is not accepted I as you own this house from a life estate from my mother whom is alive.This money thats in this house is my family inhierantance from my mothers estateI've tried several times to resolve this problem.This scares me to death I defiantly feel for this woman and my prayers are with her.
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