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Post foreclosure collection company attemps to collect second loan

Discussion in 'Foreclosure Laws' started by SoCalresident, Aug 20, 2011.

  1. SoCalresident

    SoCalresident LoanSafe Member

    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. Cat Damiano

    Cat Damiano Mortgage Wars

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