Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 02-08-2003, 07:22 PM
DREADIDIT
Guest
 
Posts: n/a

House Was Allegedly Sold At Auction For A Default On 2nd


What is the name of your state? NEVADA
home was allegedly sold at auction for a default of the second mortgage. The primary mortgage lender started default proceedings roughly 2wks after its alleged sale date.
One month after, there was a rescission of the default recorded. I assumed the 3rd party had satisfied the first loan.
However, four months later I received a certificate letter from the first mortgage company indicating that my loan had been paid in full. I called them directly to find that regular scheduled payments have been made, taxes and insurance all paid on time and presumably in my name and in the name of the joint owner. I also discovered that the property went into escrow and was sold.
As a result there were several reimbursement checks made out to myself and the co-owner beginning in November, which have all been sent to the property that I thought we no longer had an interest in. I presume the checks were cashed or the company would have let me know this when i requested the recent history.

Your thoughts?

Last edited by DREADIDIT; 02-09-2003 at 03:33 AM.
  #2  
Old 02-08-2003, 10:55 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,545
Any bets on 'why'??
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 02-09-2003, 12:01 AM
DREADIDIT
Guest
 
Posts: n/a

Re: Re: House Was Allegedly Sold At Auction For A Default On 2nd


[quote]Originally posted by HomeGuru
[b]
Quote:
Originally posted by DREADIDIT
What is the name of your state? NEVADA
HOME WAS ALLEGEDLY SOLD AT AUCTION FOR A DEFAULT OF THE SECOND MORTGAGE. THE PRIMARY MORTGAGE LENDER STARTED DEFAULT PROCEEDINGS ROUGHLY 2WKS AFTER ITS ALLEGED SALE DATE.
ONE MONTH AFTER, THERE WAS A RECISSION OF THE DEFAULT RECORDED. I ASSUMED THE FIRST LOAN HAD BEEN SATISFIED BY THE 3RD PARTY.
HOWEVER, FOUR MONTHS LATER I RECEIVED A CERTIFICATE LETTER FROM THE FIRST MORTGAGE COMPANY INDICATING THAT MY LOAN HAD BEEN PAID IN FULL. I CALLED THEM DIRECTLY TO FIND THAT REGULAR SCHEDULED PAYMENTS HAVE BEEN MADE, TAXES AND INSURANCE ALL PAID ON TIME AND PRESUMABLY IN MY NAME AND IN THE NAME OF THE JOINT OWNER. I ALSO DISCOVERD THAT THE PROPERTY WENT INTO ESCROW AND WAS SOLD.
AS A RESULT THERE WERE SEVERAL REINBURSEMENT CHECKS MADE OUT TO ME AND THE CO-OWNER BEGINNING IN NOVEMBER WHICH HAVE ALL BEEN SENT TO THE PROPERTY THAT I THOUGHT WE NO LONGER HAD AN INTEREST IN. I PRESUME THE CHECKS WERE CASHED OR THE COMPANY WOULD HAVE LET ME KNOW THIS WHEN I REQUESTED THE RECENT HISTORY.

YOUR THOUGHTS?

**A: post rejected.

Excuse my ignorance, but i don't understand your post. Pleas clarify.
  #4  
Old 02-09-2003, 09:11 AM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,545
Read the red text at the top of the screen.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 02-09-2003, 09:37 AM
DREADIDIT
Guest
 
Posts: n/a

Free advice -- you guess what they mean??


Um what? There are several things in red, shall I guess which you are referring to or would you prefer to simply tell me?

Not sure what all the cryptic messaging is about. I have never utilized a message board, and, once again appologize for my unfamiliarity.

I was simply trying to get a little feedback on whether this sort of scenario happens often or maybe a few suggestions on whom I SHOULD speak with -- nothing too elaborate. If it is not your forte, why respond at all and if I am doing something wrong, please educate me.
  #6  
Old 02-09-2003, 12:07 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Then educate yourself by going on a major search engine and searching for bbs rules, email manners, forum procedures etc.
  #7  
Old 02-09-2003, 03:41 PM
DREADIDIT
Guest
 
Posts: n/a

compassion?


Point taken. Now if I may offer something back to you as well. I am not an ignorant person, but as I explained initially and apologized for, this arena is new to me and I am not privy to the code of conduct, which you have proven, takes precedence over helping real people with real problems.

I did, however, know that using all caps is considered shouting in this forum, as you may have gathered by me editing my original post to sentence case prior to the other gentleman referring me to the red lettering at the top of the page.

Once again I am very sorry. I did not mean to offend anybody, nor was it my intention to be disrespectful by not researching online etiquette prior to seeking help on your site as you suggested.

I would imagine that many of the people who look to you for help, are in the midst of extreme personal turmoil and are desperate for answers to sad and very unfortunate situations like losing their homes to a foreclosure and all of the ramifications
of that type of situation. And then maybe when they thought it couldn't possibly get any worse, they realized that losing a home and everything in that home, a career, a car and being homeless was not the end.

What if then, they realized the possibility that somebody deliberately and maliciously sought out to cause it all?

BUT even then, they are not allowed to receive any clarification on this possibility since they "broke the rules" and didn't ask right.

I should have done the research! Darn
  #8  
Old 02-09-2003, 04:19 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: compassion?


[quote]Originally posted by DREADIDIT
[b]Point taken.
BUT even then, they are not allowed to receive any clarification on this possibility since they "broke the rules" and didn't ask right.

I should have done the research! Darn


**A: what do you mean "they are not allowed?"
After the rules are followed, they ARE allowed.
  #9  
Old 02-09-2003, 04:22 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: House Was Allegedly Sold At Auction For A Default On 2nd


[quote]Originally posted by DREADIDIT
[b]What is the name of your state? NEVADA
home was allegedly sold at auction for a default of the second mortgage. The primary mortgage lender started default proceedings roughly 2wks after its alleged sale date.
One month after, there was a rescission of the default recorded. I assumed the 3rd party had satisfied the first loan.
However, four months later I received a certificate letter from the first mortgage company indicating that my loan had been paid in full. I called them directly to find that regular scheduled payments have been made, taxes and insurance all paid on time and presumably in my name and in the name of the joint owner. I also discovered that the property went into escrow and was sold.
As a result there were several reimbursement checks made out to myself and the co-owner beginning in November, which have all been sent to the property that I thought we no longer had an interest in. I presume the checks were cashed or the company would have let me know this when i requested the recent history.

Your thoughts?

**A: do you have a specific question? A "your thoughts" request is way too general, vague and overly cumbersome.
  #10  
Old 02-09-2003, 05:53 PM
DREADIDIT
Guest
 
Posts: n/a
As I have described the situation, do you get a sense that there was foulplay? If yes, is there any specific document or entity that I should look to in order to clarify this possibility? If the situation described does not seem unusual, what steps do i need to take in order to ensure that my taxes are filed correctly?

I hope that I have narrowed the focus a bit, i appreciate your lending time and knowledge
  #11  
Old 02-10-2003, 12:56 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
[quote]Originally posted by DREADIDIT
[b]As I have described the situation, do you get a sense that there was foulplay?

**A: no because I do not have the complete facts and neither do you. I have no idea what actually transpired. It appears that you were in default, walked away and the property was sold at foreclosure. You do not know what really occurred after that.
If there was equity over and above the 2 mortgages including foreclosure costs, then you would be entitled to the overage. I suggest you get busy and investigate the history of the transactions. Start talking to the parties invovled ie, foreclosure Trustee, lenders, buyers etc.
*********
If yes, is there any specific document or entity that I should look to in order to clarify this possibility? If the situation described does not seem unusual, what steps do i need to take in order to ensure that my taxes are filed correctly?

I hope that I have narrowed the focus a bit, i appreciate your lending time and knowledge

**A: Inasmuch as we do want to help you, I hope that you realize that we do not have the pertinent and requisite support information to be able to advise you further.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:41 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.