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.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).