Strange deal - 2nd foreclosed but never paid off first

[StartingOver08]

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[dingdong]

I know this may be a longshot, but you might try contacting that woman/attorney in Florida that is using that "produce the note" method of stopping foreclosure.


I believe she was taking cases pro-bono. She may have referrals for attorneys in your state that might be able to help you.


It would seem that when/if the second note holder went to sell the house, they would clearly have title issues since the first was never paid off if they foreclosed for 10,000.00.
Seconds are junior in most, if not all states, at least from what I understand, to the first mortgage.

Check your states foreclosure laws. Make a list and note any steps that were not taken, including the failure to provide proper notification by certified mail of the FC.

You may be able to take them to court, prove that the lender did not follow the FC process correctly and then make them start over. If you can , your BK stay may come into play, and perhaps through threat of a lawsuit/damages for the amount of the 10,000.00 you can get them to release title to the second and just get that puppy wiped out.

It may work, I am really grasping at straws for you here, but if a competant attorney threatened damages in excess of the seconds value, you might have a chance.
Sorry wish I knew more about this.
Have you tried googling about this specific situation to see if another borrower with a similar situation had any luck?

Try using the lenders name in the google search as well to see if they have done this before?

Also, check the court docs to see if they actually produced the note. Maybe you could ask to have the judgement vacated based on an error in their service?

A real estate attorney would probably be your best bet.

[BKINAZ]

Wow...this person has equity in their house....what is that about? (kidding)

This thread is messed up with the first post repeated and other weird issues...through it I didn't see, how far were they behind on payments when this all happened?

[lost7243]

Hi,
Sorry about the messed up thread. I had originally posted elsewhere, then it got moved here... copy and pasted...

Anyway, we were several months behind on the second and only a couple on the first. I had, what I thought, worked out a payment plan with the second where I had to send 1 1/2 months payments for a period of six months (I think those are right).

[lrprn]

Sorry about the messed up thread. I had originally posted elsewhere, then it got moved here... copy and pasted...

Lost, it's against the forum rules you agreed to when you joined the forum to post the same question in multiple places, so when you posted this same question in three different threads, all the related responses were moved here into one thread (not copy/pasted). It makes for a mess, but at least all the information is finally in one place.

Over the years we've discovered that splitting the same question up across multiple threads is much harder for members to follow and offer suggestions about - that's why there's a rule forbidding it.

In the future, start just one thread with your question, then there won't be a mess like this to sort out after - thanks!