14 year old judicial foreclosure

[jvwheel]

What is the name of your state?What is the name of your state? Arizona

I am seeking legal advice / assistance pertaining to a property that I lost through foreclosure 14 years ago (1990) but remains in my name because the owner has not negotiated his judgement. Although the judgement instructed the owner to sell the property and give me a thirty day right of redemption from the date of the sale, a sale was never held and a new deed never issued. Instead the owner of the judgement has given the county treasurer his address (as mine) so that he would receive the tax bill (in my name) each year. The judgement holder also has re- recorded the judgement in 2002 even though the judgement has past the statue of limitations and is not collectable. The amount of the judgement was approx. $5000. less than the fair market value of the property at the time the judgement was issued. The judgement owner has a $130,000.00 child support lien against him and his residence and this may be the reason for the current state of affairs. I have several questions.
Because there was no sale I was denied my right of redemption or Hearing to establish fair market value? Is this actionable?
I was denied the surplus that a trust sale would have brought as the lot had been improved and was at a fair market value approximately $5000.00 higher that the judgement. Is that actionable
I have suffered a poor credit rating because of the re-filing of an invalid (expired) judgement. I paid sub-prime lending rates. Is that actionable?
I feel the judgement holder did not act in good faith and that my interest were disregarded because he would have lost the sale proceeds to the child support lien holder. Is this actionable
The judgement holder has diverted mail addressed to me (Tax Bill) so that I would not discover his actions. Is this actionable
I would like to have this mess straightened out, be paid my surplus and interest, receive compensation for increased credit cost due to the re-filing, and possibly redeem my property. The trustee states that this account is still open even though the beneficiary has pursued a judicial forclosure and received a judgement 14 years ago. The beneficiary has let the judgement expire without taking action. Most importantly I would like to put this issue to rest forever. Does anyone know what actions, if any, that I may take.

 

[HomeGuru]

What is the name of your state?What is the name of your state? Arizona

I am seeking legal advice / assistance pertaining to a property that I lost through foreclosure 14 years ago (1990) but remains in my name because the owner has not negotiated his judgement. Although the judgement instructed the owner to sell the property and give me a thirty day right of redemption from the date of the sale, a sale was never held and a new deed never issued. Instead the owner of the judgement has given the county treasurer his address (as mine) so that he would receive the tax bill (in my name) each year. The judgement holder also has re- recorded the judgement in 2002 even though the judgement has past the statue of limitations and is not collectable. The amount of the judgement was approx. $5000. less than the fair market value of the property at the time the judgement was issued. The judgement owner has a $130,000.00 child support lien against him and his residence and this may be the reason for the current state of affairs. I have several questions.
Because there was no sale I was denied my right of redemption or Hearing to establish fair market value? Is this actionable?
I was denied the surplus that a trust sale would have brought as the lot had been improved and was at a fair market value approximately $5000.00 higher that the judgement. Is that actionable
I have suffered a poor credit rating because of the re-filing of an invalid (expired) judgement. I paid sub-prime lending rates. Is that actionable?
I feel the judgement holder did not act in good faith and that my interest were disregarded because he would have lost the sale proceeds to the child support lien holder. Is this actionable
The judgement holder has diverted mail addressed to me (Tax Bill) so that I would not discover his actions. Is this actionable
I would like to have this mess straightened out, be paid my surplus and interest, receive compensation for increased credit cost due to the re-filing, and possibly redeem my property. The trustee states that this account is still open even though the beneficiary has pursued a judicial forclosure and received a judgement 14 years ago. The beneficiary has let the judgement expire without taking action. Most importantly I would like to put this issue to rest forever. Does anyone know what actions, if any, that I may take.

**A: too many issues. Hire an attorney.

 

[jvwheel]

**A: too many issues. Hire an attorney.

Thank you for you reply. I have honestly tried to hire an attorney but have run into a brick wall. I belong to Consolidated Legal Plan through work and have tried that route but have found the three referrals I did receive left me uncomfortable with the persons knowledge on the subject matter. Then I thought to myself ,"You get what you pay for," and decided to seek a full fledged RE Attorney. I have looked into the statutes for general knowledge so that I would have an understanding of the law and maybe a better understanding of the attorney's ability. Having done that I have placed several request for Lawyers in our local area but no one has responded. I think maybe the problem is that in most cases the other side is the one using attorneys and there isn't much call for defence on foreclosure issues as most people don't pay their mortgage because they don't have money. Therefore an attorney working this side of the fence would probably be in foreclosuse him or her self. At any rate I presented the case in a similiar fashion and have asked for a consultation but have not had much success. If you have a referral for the Phoenix (SE Valley) area I would appreciate it. Also I would appreciate it very much if you would critique my presentation of the problem as that also may be a reason I am not receiving any replys. Regards

 

[HomeGuru]

Thank you for you reply. I have honestly tried to hire an attorney but have run into a brick wall. I belong to Consolidated Legal Plan through work and have tried that route but have found the three referrals I did receive left me uncomfortable with the persons knowledge on the subject matter. Then I thought to myself ,"You get what you pay for," and decided to seek a full fledged RE Attorney. I have looked into the statutes for general knowledge so that I would have an understanding of the law and maybe a better understanding of the attorney's ability. Having done that I have placed several request for Lawyers in our local area but no one has responded. I think maybe the problem is that in most cases the other side is the one using attorneys and there isn't much call for defence on foreclosure issues as most people don't pay their mortgage because they don't have money. Therefore an attorney working this side of the fence would probably be in foreclosuse him or her self. At any rate I presented the case in a similiar fashion and have asked for a consultation but have not had much success. If you have a referral for the Phoenix (SE Valley) area I would appreciate it. Also I would appreciate it very much if you would critique my presentation of the problem as that also may be a reason I am not receiving any replys. Regards

**A: I'll have another look at your post when time permits.

 

[jvwheel]

**A: I'll have another look at your post when time permits.

I think the most important issue is this:

In 1990 the beneficiary of the Deed Of Trust covering the contract for my land purchase from him petitioned for a Judicial Forclosure for non-payment and received a Judgement for the full amount owned him. He recorded the Judgement in 1993 and again after it expired in 2002. He made no effort to collect while the Judgement was valid and left the property in my name. Recenty I had a friend check to see if I could get a copy of the records from the trustee so that I could clear this up and he was told that the account is still open. I made payments to a title company (the Trustee) before the foreclosure. The contract was for 10 years, executed in 1988, and my last payment was in 1989. The land contract was for my primary residence. State__Arizona__

My question is ,"Is the Deed of Trust and associated Contract still binding and collectable even though the beneficiary petitioned for and received a judgement through Judicial Foreclosure in 1990."

I would be extremely grateful for any help. Thank you.