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