first foreclosed 2nd trying to collect

[ecyta]

What is the name of your state? WA.
Lond story short. My first lender foreclosed the 2nd is now trying to collect. I have till Monday to do something. The problem is I moved to Utah the foreclosed property is in WA. I have talked to WA lawyers who say I should file in UT. UT lawyers say I need to file in WA. Sorry, more detail, file for BK. I don't have the 58k they want. The other prob is I just spoke with a lawyer and he said I could file a Pro Se answer, which I don't know how to do. The other part of this whole thing is another legal professional has said that the first had to notify the second for them to "cure" the loan which it appears never took place. The other issue he said is that in WA the bank charter states that there must be a "check written" and not the issueing of credit or direct deposite into my account which is what happened. Any input is greatly appreciated.

 

[HomeGuru]

What is the name of your state? WA.
Lond story short. My first lender foreclosed the 2nd is now trying to collect. I have till Monday to do something. The problem is I moved to Utah the foreclosed property is in WA. I have talked to WA lawyers who say I should file in UT. UT lawyers say I need to file in WA. Sorry, more detail, file for BK. I don't have the 58k they want. The other prob is I just spoke with a lawyer and he said I could file a Pro Se answer, which I don't know how to do. The other part of this whole thing is another legal professional has said that the first had to notify the second for them to "cure" the loan which it appears never took place. The other issue he said is that in WA the bank charter states that there must be a "check written" and not the issueing of credit or direct deposite into my account which is what happened. Any input is greatly appreciated.

**A: you are confused. The real answer is that since you reside in Utah, your BK needs to be filed there.

 

[herkxena]

What is the name of your state? WA.
Lond story short. My first lender foreclosed the 2nd is now trying to collect. I have till Monday to do something. The problem is I moved to Utah the foreclosed property is in WA. I have talked to WA lawyers who say I should file in UT. UT lawyers say I need to file in WA. Sorry, more detail, file for BK. I don't have the 58k they want. The other prob is I just spoke with a lawyer and he said I could file a Pro Se answer, which I don't know how to do. The other part of this whole thing is another legal professional has said that the first had to notify the second for them to "cure" the loan which it appears never took place. The other issue he said is that in WA the bank charter states that there must be a "check written" and not the issueing of credit or direct deposite into my account which is what happened. Any input is greatly appreciated.

I am not offering legal advise as I am not a lawer.

However, I have worked for several loan companies as a foreclosure processor and have the following suggestions:

Contact the lender/loan servicer of the 1st Deed of Trust and explain the situation. Obtain from them the name, address and contact phone number for the law firm/title company that handled the foreclosure and the file number for the foreclosure.

Contact the law office/title company that handled the foreclosure and explain the situation to them. They will have records of everyone they tried to contact regarding the foreclosure (it may be a case that the 2nd lien holder never filed a change of address, the 2nd lien holder took over the lien from a previous lien holder and never filed a change, etc.)

Once you have the proof that the law office/title company attempted to notify the 2nd lien holder, provide that proof to the 2nd lien holder.

If the law office/title company cannot provide proof, contact the lien holder that foreclosed and advise them that the foreclosure is invalid as a valid lien holder was not advised. The 1st lien holder will then contact the law firm/title company that handled the foreclosure. The will then have to validate that the 2nd lien holder was not notified then rescind the Trustee's Deed. At that point, the first lien holder will then have to restart the foreclosure.

A second, faster option is not to file bankruptcy but to let the 2nd lien holder file their own foreclosure action. Filing a bankruptcy will only delay the 2nd lien holder's actions. By virtue of them having a lien, the debt will be discharged but they will have to proceed with foreclosure to obtain the property that secured the debt. The 2nd lien holder will wait until the bankruptcy is discharged and then start foreclosure.

You already have a foreclosure on your record. A 2nd one isn't going to make that much difference to your credit score.