i financed my home with a man who went through a bank. he defaulted on the lone and they are going to autchion it off next month. i have not defaulted on my payments
Your post is unclear but it sounds like you and he defrauded a bank by him getting a loan and you paying him, which presents a problem, as you have "unclean hands." Unless that arrangement was disclosed to the bank, you have a possibly unsolveable problem and have done something that any lawyer would have told you in advance never to do.
See a lawyer now, but I suspect that by you not doing what EVERY home buyer MUST do to avoid problems (spend a small amount on a consult to see if everything is in order before you buy) you may have created an unfixable mess. In any event, gather your papers together and see a lawyer ASAP.
What you have what I refer to as a wrap-around mortgage. I have seen situations where, if all of your paperwork is in order, a chapter 13 would allow you to keep the house. The mortgage company will have to be worked with closely to make a plan work, and you may have to pursue the person you supposedly purchased the house from because you will be paying what they were not paying. You need to get all of the facts together and set an appointment with a bankruptcy attorney well before the foreclosure date to give them time to craft a chapter 13 case to stop the foreclosure and cure the mortgage deficiency.
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