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The plaintiff has failed to provide if any exists of the proper transfer and assignment per the PSA. This has brought doubt to the defendant to rights and status as borrower under the National Housing Act and PSA filed by Plaintiff with the Exchange Commission. Therefore the defendant is now subject by illegal acts and omissions cheapest loan described in further below to the foreclosure case brought on by Plaintiff. The neglect and disregard of Plaintiff in pursing foreclosure before obligations imposed on Plaintiff by the PSA in various manner, including, but not limited to: 3. No attempt to provide proper servicing of the residential mortgage loan required prior to pursuing a foreclosure action.

The Plaintiff never provided the opportunity or ability to defendant for modification, waiver, forbearance or amendment to terms that are of general subject to the loan generally required pursuant to the PSA.

Defendant is being illegally subjected by Plaintiff prior and current foreclosure actions, being forced to defend the same. Defendant is having his credit slandered and negatively affected, all of which constitutes irreparable harm to Defendants for the purpose of injunctive relief and damages. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages.

I really need help understanding what my options are in regards to a zombie second mortgage that just resurfaced on my primary residence in California.

Please personal loans in usa review the below and offer whatever advice you can, it will be much appreciated! What we were told by BofA is that, while they were going to mod both notes, they had to finish the primary modification first, and that the charged-off second would be extinguished at some point thereafter.

To make a long story short, they never extinguished the second. About then, we got a piece of advice from an acquaintance that, in retrospect, was not particularly helpful--we were told that the debt would keep showing on our credit report until seven years had elapsed, and that after that point the collectors would stop bothering us. The note holder (a trustee of our original MBS) transferred it a few times to different servicers. We made no payments, had no contacts, basically just ignored it, again, because we thought the second had been extinguished and we were just waiting out the seven year default period, in September of 2016.

Less than a month ago, and nearly eight years after the initial default, we had a doorknocker come to the house, and inform us that Park Tree Investments had acquired the note, and was demanding payment in full, plus back due interest dating to the last payment in September of 2009.

Needless to say, that started a lot of semi-panicked memory searching. I still had all of the docs from the modification, and could not find anything about the second in writing, everything about the second had all been cheapest loan by phone call.

Of course, our situation has changed in the intervening years.

At the time of the modification, it was sketchy as to whether or not a foreclosure would have paid anything substantial on the second. Now, the house is in the money, in a big way--mostly due to appreciation in our area, we have enough equity cheapest loan to cover the first, the second, and potential foreclosure expenses. We reached out to Park Tree, who basically told us too bad, so sad, our profit your loss, etc. Park Tree, just like the rest of the previous mortgage servicers are here to make money - period.

Hence, their lackadaisical approach to collecting from you. All you can do now if you got the cash is try to settle by countering their offer and meeting somewhere reasonable. You could get on some type of loan repayment plan or you could sell the home, pay them off and take the profits. 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. Just putting all the data in the thread, again, in the hopes it may help others. Since we have not paid on the account for the last eight years, this would appear to be either a mistake, tied to the original date that the previous servicer received the file, or an attempt to illegitimately re-toll the SOL.

I have docs that indicate that BofA sold this note to BoNY, and (it seems to me) then BofA just crammed a bunch of other fees into our pending DoJ writedown to make up the difference on paper.

So, in essence, something we agreed to verbally (a combined modification) was changed during the trial payments period when the BofA sold the note away, while adding in fees and escrow payments that were then immediately written off, to make sure the writedown looked as if both notes were being combined in the mod docs.

Potentially all legal, at least in the technical sense, but shady, shady stuff! The recommendation we got was to ask for either an entirely clean new note, or restart the note under a unemployment loans online different account number.

Is there any reason (other than concerns over loan seniority) that Park Tree would be harmed by helping us protect our credit?


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To be honest, I have never seen and or heard of a new note being issued and or under a new account in any mortgage modification or loan workout in the last ten years. I would say your best bet is to start under a new account so I would try asking them that. 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. Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain a short sale, forbearance, or walk away legally from their underwater mortgages. My (now) ex and I bought a house in Oklahoma with a loan from BofA. After a couple of years, we also got a home equity line of credit on that same house from BofA. After several more years, we split up and I moved out (to another state). My ex later passed away, and after that, I did not make any payments on the HELOC.

I believe the house in Oklahoma went into foreclosure after my ex died, but I am not sure of that. Now, United Guaranty, the insurer of the HELOC, has paid off the HELOC to BofA and is coming after me for the money United Guaranty just sent me a letter, at my current residence, explaining this.

I have read the leadoff posts in the Strategy for Settling your 2nd and Sold Out Junior Loans threads, and some of the other posts payday loan in 15 minutes in those threads. When we both lived in the house, we were never upside down on it, or behind on the first mortgage payments. My (now) ex and I bought a house in Oklahoma with a loan from BofA. After a couple of years, we also got a home equity line of credit on that same house from BofA. After several more years, we split up and I moved out (to another payday loans online direct lenders only state).

My ex later passed away, and after that, I did not make any payments on the HELOC.

I believe the house in Oklahoma went into foreclosure after my ex died, but I am not sure of that.

Now, United Guaranty, the insurer of the HELOC, has paid off the HELOC to BofA and is coming after me for the money United Guaranty just sent me a letter, at my current residence, explaining this.

I have read the leadoff posts in the Strategy for Settling your 2nd and Sold Out Junior Loans threads, and some of the other posts in those threads. When we both lived in the house, we were never upside down on it, or behind on the first mortgage payments.


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What you would need to do is to check if the property was in fact foreclosed on if so then the SOJL thread is the one that would pertain to cheapest loan your situation If a deficiency judgment is desired against a person, that person may have to personal loans san antonio cheapest loan be served personally. If a request for a deficiency is not made within ninety days after the sale, the sale is conclusively presumed to have been payment in full of the debt. 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 What you would need to do is to check if the property was in fact foreclosed on if so then the SOJL thread is the one that would pertain to your situation I just dug up the court proceedings and I am now pretty sure that the property has been foreclosed on. I just dug up the court proceedings and I am now pretty sure that the property has been foreclosed on. Please unsecure loans keep posting your updates here in your thread as you go through the process so it can also help others that may be in a similar situation. 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 I only ever got the one letter from United Guaranty - the one in May 2013 that prompted this thread.

The collection agency recently had to change their name, which is some kind of clue.

Since you never signed a contract with United Guaranty, you have no obligation to pay them anthything. The mortgage insurance contract was between United Guaranty and your HELOC lender. If UG reported a derog in your credit file with the CRAs, I recommend you write UG demanding they correct the report per the provisions of the FCRA.