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Q. 3 years and 6 months ago my (small $80,000) house was in Foreclosure because of being laid off work, but I only owed $7500 dollars (the banks Numbers ! But That was what I figured too.) so I borrowed 5000 from my best friend, and sold a car for 2500 and went to the attorneys office in Cincinnati ( I'm in Dayton Ohio) paid off the Mortgage with a Cashiers Check for 7500 + change. Over the next year I went back to work , I Paid My best friend back, bought several cars since. However.... I didn't get a Clear deed or release of Mortgage or anything. I always wondered if I was supposed to File something to get a Clear Deed or a Release of Mortgage type of paperwork, But I thought it would be ok and maybe it just fell through the cracks, I didn't have a high priority on getting the Unencumbered deed because I wasn't going anywhere. I was recently surprised to get a summons in the mail that said the (old January 2001 foreclosure) was being re-opened and that a new attorney had been assigned by the bank. And they were going to have my house appraised for Sheriffs Sale. Well I got on the phone and Raised Holy Hell with everyone I could ! I called the Bank, the attorney, ect. and they did capitulate somewhat- they Filed a NOTICE OF DISMISSAL WITHOUT PREJUDICE . They are now saying I owed 3000 + or - more dollars when I paid off the note, and now there is 42 months of interest added on! And they are asking for all the Paperwork I have relating to the Pay-off .. I just don't have anything, the only thing I would have is the piece of paper they sent me with the pay-off numbers and a copy of the Cashiers Check. I'm afraid I don't have either. But they have to have my record of the Pay-off payment, or else why did they dismiss the Foreclosure? .. what can I do? is there anything like squatter rights ? LOL,,, after all, it's been 3 1/2 years !

A. You do realize that this mess is mostly your fault for not following up on it, and for not keeping copies of your documents. For something as important as a house, you have to keep on top of this stuff. All that aside, all you should have to do is go back to the attorney who you gave the check to. That person is responsible for having kept the records and all the paperwork. He or she also is responsible for seeing to it that your deal went through properly, and since it didn't, they are responsible for fixing it. It is possible that you were given an out-of-date payoff number. That is no one's fault, it can and does happen.

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