Results 1 to 2 of 2
  1. #1
    Member SoCalresident's Avatar
    Join Date
    Mar 2009
    Posts
    24

    Post foreclosure collection company attemps to collect second loan

    I am in a weird situation. I live in california. My house was foreclosed(non-judiciary) back in november. It was my primary residence, and I had 2 loans

    (80/20). Both the loans were sold to Citi mortgage by the original loan company months after I bought the house.
    Just before the real estate melt down, I paid 10% off the second loan and in the process, refinanced the second loan to a better interest rate with the same bank (citi).

    So now I had 2 loans (80/10) where the second was now a refinanced loan, but both loans still with the same bank.
    I lived in the house for over 5 years, before Citi foreclosed it.
    Citi gave me a letter stating that the second loan was forgiven months before the foreclosure and told me that I do not require a 1099C.

    Just before foreclosing, they sold my first loan to Saxon (which I believe is also a subsidiary of citi), who actually foreclosed the house.

    Recently I got a letter from some collection company who claim to be helping citi mortgage to collect the unpaid debt.

    My few concerns:
    1. Is second loan a re-course or a non recourse loan. If I did not take the money out of the house, but refinanced with the same company, should it not be

    treated as a non-recourse loan.
    2. Can the collection company come after me for the loan deficiency.
    3. Should I contact the collection company. The letter they sent out says that if I do not dispute the validity of the debt, I am assuming that the debt is valid.
    3. Am I not protected under Simon v. Superior Court (Bank of America) (1992) 4 Cal.App.4th 63 law. Citi just before foreclosing selling to loan to Saxon hopefully does not disqualify me from this protection.

    Please advice what do I need to do.

  2. #2
    Mortgage Wars Cat Damiano's Avatar
    Join Date
    Sep 2007
    Location
    Colorado
    Posts
    9,912
    Hi SoCalresident,


    If you have not already done so, you may want to ask this question in the following thread as well.

    Sold Out Junior Loans
    Best Regards,

    Cat Damiano
    LoanSafe.org Moderator

    The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Unless otherwise noted, you can republish our articles and graphics (but not our photographs or our blog) for free. You just have to credit us and link to us, and you can't edit our material or sell it separately. If you're republishing online, you have to include all links. (We're licensed under Creative Commons, which provides the legal details.)
© Design & Copyright MoeSeo | Privacy | Contact