Our Real Estate Agent took $21,000 and Our home! Please Help?

We (thought) purchased a home in 2007. Our credit was a not bad but not enough to qualify for a home loan. The realtor agent offered to take the $ 21,000.00 down payment, apply it to the purchase and keep the mortgage papers in her name until we qualified and could put the mortgage in our names. Until then she we were to have, papers signed and notarized giving us legal rights. There was always an excuse to not to sign and notarize any paperwork showing us having any legal right. She never authorized us at the bank to have any contact with them for any reason allowing us access or communication with the lender. Even if we wanted to make a payment online or by phone, we could not due to not being authorized.

Now two years later after paying the mortgage she told us she gave the house back to the bank and bank will no longer accept a check from us to pay the mortgage. Tomorrow it goes up for a trustee sale the only proof we have is the $ 21,000.00 payment made to the mortgage co. in the form of a money order. And cancelled checks and debits out of the bank account for the monthly mtg. There was no rental contract or lease agreement because of course we thought it was our home.

What if anything can, we do and what happens to us after the auction sale tomorrow? How long do we have to vacate?

She also has all our escrow paperwork from the sale of a piece of commercial property we sold in October of 2007, which gave her a very large commission, and will not give it to us. This keeps us from filing our 2007 tax return because we do not have the information of the sale. In correspondence the IRS sent us, it shows that for the sale of our commercial property, the escrow company listed her home address with our name as our mailing address to send correspondences and/or paperwork .

When we call her, she just hangs up on us.

Please advice.

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