The writ of execution was obtained in 2010 stating that they were in second position,
the foreclosure filed in 2007 stated that they were in first postion.
They had me thrown out of bankruptcy in 2010 stating that they were in first position
They acknowledged to the superior court in 2010 they were in second and would post at the sherriffs sale that the name and the amount of the priority lien. This was done, but they didn't exercise the writ and waited for it to expire.
When it expired two years later, they filed for an extension to the chancery court judge who had originally issued it. The submitted the writ to the sheriffs sale without notifying the first mortgage holder or me and
we only found out about the sheriffs sale a few days before sale. They should have notified interested parties of their request for an extension to the writ?
Sheriff's sale only reflects the second mortgage with no priors listed
They are stating that a satisfaction of mortgage exists to the court but they do not have a valid satisfaction of mortgage, only a copy which is a forgery and which has never been filed with the court clerk because of this fact.
The lien is unsecured because of the fall in property values but they are trying to have me thrown out of bankruptcy court any way possible and/or trying to force sell the property using this newly extended writ of execution
Legally, second position can foreclose which they have done but they are relying on documents that are inaccurate and making statements that contradict their earlier statements in various courts .