trying to understand foreclosure docs

[solution]

PNC Bank recently purchased National City Mortgage (who holds my 1st mortgage) and National City Bank (who holds my 2nd mortgage).

The civil summons/foreclosure docs were delivered to me via a sheriff.

The 1st mortgage company is filing a complaint against me, my ex, and National City Bank (the 2nd).

Every time I have spoken to National City Bank (2nd), they have advised me that the 2nd was charged off, but that we could still negotiate a short-sale. I assume this means they have not yet sold the loan to a collection agency.

The foreclosure docs not only name the 2nd as one of the defendants, but later state, "Plaintiff says that the defendant, PNC Bank, National Association successor by merger to National City Bank, may claim an interest in the above described property by virtue of a mortgage filed against ___ and ___ of said county, which is believed to be paid off, however, not released of record."

Can someone interpret the quote? I believe the 1st is trying to show that the 2nd is paid off, but it is not. The 1st knows this, as I have communicated it with them several times. Additionally, they are owned by the same bank!

Is something fishy happening, or is this normal verbiage when there is a 2nd piggyback loan?

[HHM]

Easy, IT DOESN'T MATTER.

[StartingOver08]

When the first mortgage is foreclosing, they name all of the defendents (you and your ex) plus unknown people (tenant 1, tenant 2 etc) plus and jr liens (your second for example). If you are in a HOA type community or condo community, any lien by the association is also listed. This is standard foreclosure language.

Your loan(s) may or may not be with the same lender. Right now, all you know is they are SERVICED by PNC Bank. Lenders can sell the loan OR they can sell the servicing OR both the loan and servicing. The lender can sell these loans at any time - even while you are in default.

As to the statement: "Plaintiff says that the defendant, PNC Bank, National Association successor by merger to National City Bank, may claim an interest in the above described property by virtue of a mortgage filed against ___ and ___ of said county, which is believed to be paid off, however, not released of record."

Sounds like there is some confusion in the record keeping of the servicer. That is not unusual today. In fact, the Produce The Note Strategy is based on the poor record keeping of the servicers and the lenders losing the actual notes.

What is your goal? Are you looking to fight the foreclosure? File BK and keep the house or surrender the house? Modify?

[solution]

At this point, I have few options other than to defend the foreclosure, as my ex has refused to sign the quit claim deed requested by the lender to complete a loan modification in my name only. Ex filed BK, but it was dismissed bc of his refusal to sign QCD. He also refuses to sign the docs to apply for deed-in-lieu or short sale.

I have no other option than to try to defend the foreclosure, as I have tried everything possible to avoid it.

If it doesn't work, then I guess I will be forced into BK. I am lookin for options, as I posted in the general BK forum. Ideas for my situation?