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Question

(In Nevada) In 2006 our Senior Mortgage filed foreclosure and it was sold at auction 7/06...our 2nd (Junior) mortgage bought the property. The debt to the 1st was $182,000 and the home sold for $225,000...the Junior mortgage loan was for $55,000. For 3 years the 2nd has reported the foreclosure with a 0 balance and then in 8/08 they started reporting us with a balnace due of $293,000, then to $245,000, then to $75,000 and now finally $25,000. They will not provide any information as to why there is a balance as of 8/08 and now my husbands security clearance is in jeopardy...what are our rights and what can we do, if anything?

Submitted: 277 days and 14 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

phoenix, Arizona

Already Tried:
I live in Phoenix and I have not searched in Nevada

Accepted Answer

That is awful. Here is the procedure you need to follow. It is probably not quick, however.

Step One

Tell the consumer reporting company, in writing, what information you think
is inaccurate. Include copies (NOT originals) of documents that support your position.
In addition to providing your complete name and address, your letter should clearly
identify each item in your report you dispute, state the facts and explain why you
dispute the information, and request that it be removed or corrected. You may want to enclose a copy of your report with the items in question circled.

I can give you a sample copy of a letter if you want.

Send your letter by certified mail, “return receipt requested,” so you can document what the consumer reporting company received. Keep copies of your dispute letter and enclosures.

Consumer reporting companies must investigate the items in question — usually within 30 days —unless they consider your dispute frivolous. They also must forward all the relevant data you provide about the inaccuracy to the organization that provided the information. After the information provider receives notice of a dispute from the consumer reporting company, it must investigate, review the relevant information, and report the results back to the consumer reporting company. If the
information provider finds the disputed information is inaccurate, it must notify all three nationwide consumer reporting companies so they can correct the information in your file.

When the investigation is complete, the consumer reporting company must give you the results in writing and a free copy of your report if the dispute results in a change. This free report does not count as your annual free report. If an item is changed or
deleted, the consumer reporting company cannot put the disputed information back in your file unless the information provider verifies that it is accurate and complete.

The consumer reporting company also must send you written notice that includes the name, address, and phone number of the information provider.

If you ask, the consumer reporting company must send notices of any corrections to anyone who received your report in the past six months. You can have a corrected copy of your report sent to anyone who received a copy during the past two years for employment purposes.

If an investigation doesn’t resolve your dispute with the consumer reporting company, you can ask that a statement of the dispute be included in your file and in future reports. You also can ask the consumer reporting company to provide your statement to anyone who received a copy of your report in the recent past. You can expect to pay a fee for this service.

Step Two

Tell the creditor or other information provider, in writing, that you dispute an item. Be sure to include copies (NOT originals) of documents that support your position. Many providers specify an address for disputes. If the provider reports the item to a consumer reporting company, it must include a notice of your dispute. And if you are correct — that is, if the information is found to be inaccurate — the information provider may not report it again.

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Expert: Joseph Leon
Pos. Feedback: 100.0 %
Accepts: 
Answered: 2/18/2009

Attorney

General practitioner; all areas of law; practicing 15 years; licensed in 4 states.

277 days and 10 hours ago.

Reply

We have done these steps and that is how the amounts have gone from the 293,000 to now 25,000. I guess what I am getting at is this...in the state of Nevada the Junior mortgage has 90 days to file any claims in regards to defeiciencies which for them would have been approx 10k. And like I had said before they don't disagree with the fact that for the past 3 years they reported it as a 0 balance but they now say we owe this 25k...can they now come at us with this amount and are we responsible, and what happened to the monies that were left over after the taxes and Senior mortgage were paid out...there was about 40k left over.

Posted by Joseph Leon 277 days and 9 hours ago.

Info Request

Okay, let me see if I can get the facts straight.

 

In 2006, home sold in foreclosure auction to junior mortgagee for $225k.

 

This satisfied the first mortgage of 182k, resulting in a 43k surplus that was applied against your 55k principal debt plus interest, which has continued to accrue, leaving a total debt of 25k.

 

Is that your understanding?

 

Don't you have the paperwork from the closing showing a) who got what and b) how it was applied to your debt?

 

Even after you accept, I will continue to answer your follow up questions.

 

 

277 days and 6 hours ago.

Reply

Yes that is it...my issue with the Junior is that for the past 3 years (well almost 3) they have reported it as a 0 balance, nothing owed. Then this past August they reported it as a debt owed. They have never tried to get a judgement against us nor have they even attempted to collect. We only found out when TSA pulled the report for my husbands security clearance. And I know if youe incur a debt you owe it...simple...but I was reading the foreclosure laws in Nevada and read that they had 90 to collect or have a judgement...but does apply to them since they bought the property? And no I didnt get anything in regards to the sell. I just received a copy of the sell from Clark County, since I requested it and paid for it. Also the Junior paid us 3k to move out of the house within 2 weeks after the sell so they didnt have to drag anything out in court. We were told then that the forclosure satisfied both debts. I have requested the Junior provide paperwork showing where they get these figures...nothing yet. Is all this legitimate? I mean something seems wrong here to me?

276 days and 3 hours ago.

Reply

I accepted...so any thoughts on my last reply?

Posted by Joseph Leon 275 days and 16 hours ago.

Info Request

What the company reports to credit agencies is not that important, I don't think. Obviously, that information can be wrong. But let's look a the limitations issues you raised.

1.

With respect to the statute of limitations for bringing a lawsuit on the loan itself, the statute of limitations on loan defaults is a long time. In NV it is 6 years since you went into default, and the loan was accelerated.

2.

But after a foreclosure action is commenced, a deficiency judgment can only be obtained only by filing a separate lawsuit within six months of the foreclosure sale.

The first mortgage was clearly foreclosed, but it is not clear to me that the second mortgage was foreclosed, since the second mortgagee bought the property.

I'm looking at some NV law to see if I can point you in the right direction, but it sounds like you need to get a local attorney to review the foreclosure sale papers, and write a threatening letter, if the second mortgage was foreclosed.

NV does non-judicial foreclosure, right? So there was no lawsuit?

275 days and 15 hours ago.

Reply

The TSA (my husbands employer) searched my husbands credit and found no judgements against him. Yes NV is a non-judicial state. If Wilshire (the junior mortage) had reported this "balance owed" 3 years ago we would have immediatley worked with them to clear any outstanding balance. However, they only reported any balance in August 2008. They say ina letter they coposed to us that "Although the original second mortgage shows a zero balance, the amount of $75,224.00 is now owed" Now since this letter they have dropped the amount to $25,000. And if it were'nt for the TSA having issue with this we would work on this issue to resolve it anyways but TSA does care about the reporting showing any balance. Can a 2nd mortgage file a foreclosure after the 1st already did and sold the property? So if I read this reply correctly...Wilshire can legally file a lawsuit against us in regards to the loan balance but since the foreclosure was commenced they had 6 months to do so? If that is the case then Wilshire is out of gas? I only wish we were wiser to the foreclosure proceedings...I mean this will never happen again but wow what a mess! Also, we live in Arizona now, do I need to find an attorney in the state of Nevada?

Posted by Joseph Leon 275 days and 15 hours ago.

Info Request

Let's start with the best case scenario. The deficiency judgment statute applies, and you need to get a NV attorney to write a threatening letter. To find a NV attorney, you need to google "nevada attorney referral" and you will get a referral service run by the local state bar.

Moving on the to the worst case scenario, it might be the case that, by buying the property at the foreclosure sale, the second mortgagee preserved its own mortgage. If a third party bought the property at foreclosure, then all the pre-existing mortgages are extinguished. But since the second mortgagee was the buyer, it's not clear to me if they technically foreclosed on the property, and would be covered by the deficiency judgment statute.

I am happy to try to look that up for you, if you wish. But even if I can confirm the worst case scenario, you still want to retain a NV attorney to confirm, given the amount of money at stake.

Remember, we cannot give legal advice on this site. We do not have an attorney-client relationship. If you want legal advice, you have to go retain a local attorney, sign a retainer agreement, etc.

Did you have an attorney during the foreclosure process?

251 days and 13 hours ago.

Reply

This whole process is so confusing...we received a letter from Wilshire explaining the breakdown of why we owe 75k...this number has changed 3 times...but basically they state...1. 55k for original loan (principle balance) 2. 20k for lein purchased from Senior mortgage and 3. 400 in maintenance fees after foreclosure until the property sold (2 years later)....Im so baffled by their explaination...if the property sold fro 225k and the debt of the senior mortgage was 182k then that means there was an excess of approx 40k...doesnt that go to the 2nd in line, the junior? I am trying hard to find an attorney with no luck so far...either no responses back or they dont deal with this type of issue. I did get a referral from NV attorney referral but they sent me to an attorney who only deals with commercial real estate...YIKES!!!

Posted by Joseph Leon 251 days and 13 hours ago.

Info Request

Keep trying with the attorney referral service. they should get it right eventually. they are usually run by the local bar.

251 days and 13 hours ago.

Reply

I will...my husbands job depends on this issue being cleared up...somehow. Thanks!

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