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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4872
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I foreclosed on my home 3 years ago, price was $250,000 there

Customer Question

I foreclosed on my home 3 years ago, price was $250,000 there were 2 loans one for $200,000 from Chase that was released and one from Suntrust for $50,000 is still on record. I want to try and buy a home now but the Suntrust Loan is a problem My credit is good high 680 credit score and all payments are paid in full each month. What can I do. I am in Phoenix AZ
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

What you are saying is that the Suntrust mortgage was also foreclosed along with the first, and the sale brought enough to pay both first and second mortgages. If that is a correct statement then you should be able to obtain the sheriff' or trustee's report of the sale showing both mortgages were satisfied. A letter to Suntrust with a copy of the report, and a demand that they file a satisfaction of the mortgage should do the trick. You might need someone who knows foreclosure procedure in your county to obtain the necessary records for you.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4872
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Irwin Law and other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

What if during the foreclosure they thought that Chase was the only loaner involved. Shouldn't all loaners automatically during foreclosure be advised that the house is going into foreclosure and auction off. The original paper work shows both institutions as putting up the amount I stated.


Thanks

Expert:  Irwin Law replied 1 year ago.

Hello again. That is a highly technical question. Are you saying that Chase was the only lender that foreclosed, and Suntrust was not named as a defendant? (I am presuming a judicial foreclosure as opposed to a Trustee Sale.) Someone with experience in this area will have to examine the actual foreclosure proceeding. That is, all the documents from the original complaint, summonses, foreclosure judgment that was entered by the court, and finally the sheriff's sale proceeding. An experienced foreclosure attorney should be able to do that very quickly and advise you how the Suntrust mortgage was dealt with and whether they have an outstanding judgment against you at this time. Also, the AZ deficiency judgment statute will come into the picture too. As I said, this is a very technical area of law, and you need an attorney who has the ability to examine the legal proceeding to advise you where you stand with Suntrust. Thank you for your positive rating.

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