In Texas. Do I have grounds?

[Cerissa04]

Ok, so I've been pouring over how in the world I would save my house in Texas that was auctioned 01/05/2016. And I need to know if what I have would be held up in court. We bought our house 09/2010 from the builder K. Hovnanian/ Brighton homes Pearland Texas. As soon as papers were signed our loan was sold to Wellsfargo. Well I take it it was sold. We reviewed a letter in the mail before our first payment was due from Wells stating our loan was now through them and to make our payments to them. So we paid twice a month never later or missing a payment till August of 2015. Our business was brought to its knees due to a devastating amount well devastating to a small business. Our world was turned upside down instantly in April 2015. We did as we were taught and called our lender and like first time home owners not knowing anything believed every word we were told. Told not to worry and that we had options. They were always mailing this information but we never saw it. Being in the whirlwind of just trying to feed our 3 kids hold on to our cars and keep utilities going we never stopped and questioned their promises. So then comes 12/31/15 and my sister is calling frantic that our house is on the Internet showing foreclosed. It's 5pm on a Thursday I believe and a holiday weekend and we are on the phone with Wells Fargo. Cold rude treated like trash we were told if we wanted our house we needed to pay the 180,000 remaining on the loan. Impossible of course for us we are told 5 days before our sale date we qualified for loan modification and told us to go on there website and download the application but to keep in mind it was a holiday weekend and that the sale would happen before it would even be reviewed. Speechless and not able to catch a breath all I could say over and over was why is this the first time we were given any options. We had requested an equity loan a few times to catch the house up 10,000 we were behind plus the money left over would have helped get us on our feet and moving again. They thought it was pretty funny we were so stupid to even request such an idea. Long story short our hard work, our kids home and piece of mind was snatched from us just like that. So two days after the sale I recieve a fed- ex, Hi we are Premire and we bought your house. Calls us and we can help you and your family so we did. They told us they would give us till March to move and the cash for keys was willing to give us 3000. Sounded better then where we were so we said ok and the next day received a contract. All was what we talked about till the end. If we signed this contract we would not be able to discuss our foreclose or sale to anybody from that day on. Sounded like a bad idea to me also pushed me to research who we were dealing with. So Premier was none other then yep Wells Fargo. Our lender bought our house for what we owed and was planning to turn around and sale it for 278,000. It's an FHA loan and had required we have PMI. I knew nothing about anything that had to do with mortgage or realeste but boy I can't say I wouldn't pass an exam now. First I know we fell behind and our ignorance is to blame but at what cost? My children were crying themselves to sleep and as a mother the guilt I've been holding for allowing something like homelessness be a real threat and not able to protect them and fix it was out of my realm. We have worked hard for everything we have... Well had. We never asked for hand outs or expected anything more then what we put in, so how could this be. I feel we are victims also here. That aside I pulled all the filings from the county clerk and what I see seems wrong. As I stated we missed a payment August and on August 12, 2015 Wells Fargo filed a one page document with the heading of assignment of mortgage. Does it matter they took over the loan 9/29/10? Second I read about this fraudulent paperwork and the notary on mine signed other documents that were filed also on other loans but 1 as the assistant secretary and one as vice president of loan documentation. Then the one women who is on my paperwork as the assistant secretary I found used on other peoples documents with different titles including a notary. Is that legal? Sounds like fraud to me. From what I understand they do not own my note. So the foreclosure isn't valid? Or am I way off? Also I know the builder had a title insurer, don't they hold the note? Wouldn't that name be somewhere on the filed documents? Oh and this Dakota Minnesota, that's where it was notarized but filed in Texas the very same day. Then November 4th recorded November 9th they filed appointment of substitute trustee. They replaced the original 1 trustee with 24 trustee's. I hired a lawyer that went to county court with us in April and we appealed the eviction however I don't think I trust him nor think he knows what he is doing. He told us to miss our court date yesterday and I'm nervous as hell. Shouldn't I file suit against Wells Fargo or am I exactly where I was before? Flat out of luck. Bottom line...I need real help. I told my kids it was going to be ok, and I meant it. If you can tell me anything or help me it would great. Thank you

 

[STEPHAN]

Ok, so I've been pouring over how in the world I would save my house in Texas that was auctioned 01/05/2016. And I need to know if what I have would be held up in court. We bought our house 09/2010 from the builder K. Hovnanian/ Brighton homes Pearland Texas. As soon as papers were signed our loan was sold to Wellsfargo. Well I take it it was sold. We reviewed a letter in the mail before our first payment was due from Wells stating our loan was now through them and to make our payments to them. So we paid twice a month never later or missing a payment till August of 2015. Our business was brought to its knees due to a devastating amount well devastating to a small business. Our world was turned upside down instantly in April 2015. We did as we were taught and called our lender and like first time home owners not knowing anything believed every word we were told. Told not to worry and that we had options. They were always mailing this information but we never saw it. Being in the whirlwind of just trying to feed our 3 kids hold on to our cars and keep utilities going we never stopped and questioned their promises. So then comes 12/31/15 and my sister is calling frantic that our house is on the Internet showing foreclosed. It's 5pm on a Thursday I believe and a holiday weekend and we are on the phone with Wells Fargo. Cold rude treated like trash we were told if we wanted our house we needed to pay the 180,000 remaining on the loan. Impossible of course for us we are told 5 days before our sale date we qualified for loan modification and told us to go on there website and download the application but to keep in mind it was a holiday weekend and that the sale would happen before it would even be reviewed. Speechless and not able to catch a breath all I could say over and over was why is this the first time we were given any options. We had requested an equity loan a few times to catch the house up 10,000 we were behind plus the money left over would have helped get us on our feet and moving again. They thought it was pretty funny we were so stupid to even request such an idea. Long story short our hard work, our kids home and piece of mind was snatched from us just like that. So two days after the sale I recieve a fed- ex, Hi we are Premire and we bought your house. Calls us and we can help you and your family so we did. They told us they would give us till March to move and the cash for keys was willing to give us 3000. Sounded better then where we were so we said ok and the next day received a contract. All was what we talked about till the end. If we signed this contract we would not be able to discuss our foreclose or sale to anybody from that day on. Sounded like a bad idea to me also pushed me to research who we were dealing with. So Premier was none other then yep Wells Fargo. Our lender bought our house for what we owed and was planning to turn around and sale it for 278,000. It's an FHA loan and had required we have PMI. I knew nothing about anything that had to do with mortgage or realeste but boy I can't say I wouldn't pass an exam now. First I know we fell behind and our ignorance is to blame but at what cost? My children were crying themselves to sleep and as a mother the guilt I've been holding for allowing something like homelessness be a real threat and not able to protect them and fix it was out of my realm. We have worked hard for everything we have... Well had. We never asked for hand outs or expected anything more then what we put in, so how could this be. I feel we are victims also here. That aside I pulled all the filings from the county clerk and what I see seems wrong. As I stated we missed a payment August and on August 12, 2015 Wells Fargo filed a one page document with the heading of assignment of mortgage. Does it matter they took over the loan 9/29/10? Second I read about this fraudulent paperwork and the notary on mine signed other documents that were filed also on other loans but 1 as the assistant secretary and one as vice president of loan documentation. Then the one women who is on my paperwork as the assistant secretary I found used on other peoples documents with different titles including a notary. Is that legal? Sounds like fraud to me. From what I understand they do not own my note. So the foreclosure isn't valid? Or am I way off? Also I know the builder had a title insurer, don't they hold the note? Wouldn't that name be somewhere on the filed documents? Oh and this Dakota Minnesota, that's where it was notarized but filed in Texas the very same day. Then November 4th recorded November 9th they filed appointment of substitute trustee. They replaced the original 1 trustee with 24 trustee's. I hired a lawyer that went to county court with us in April and we appealed the eviction however I don't think I trust him nor think he knows what he is doing. He told us to miss our court date yesterday and I'm nervous as hell. Shouldn't I file suit against Wells Fargo or am I exactly where I was before? Flat out of luck. Bottom line...I need real help. I told my kids it was going to be ok, and I meant it. If you can tell me anything or help me it would great. Thank you

This is very hard to read. If you want volunteers to take their time and read this all and help you, I suggest you add at least a few paragraphs to make it more visible and try to cut it down to the relevant facts.