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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3619
Experience:  Experienced real estate lawyer and real estate broker.
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Flooding from Hurricane Sandy substantially damaged my home.

Customer Question

Flooding from Hurricane Sandy substantially damaged my home. Local township denied my permits to repair home until I raised home above flood level. Engineers reports and informal letters from house raising contractors denotes home is not a candidate to safely raise. Mortgage company would not let me tear down hose to rebuild (only option).
After 18 months of getting run around I stopped paying and bought another home. Mortgage company filed for foreclosure. I, Pro se, Answered with affirmative defenses and counter claims and third party claims. I demanded a jury trial. Summoned and filed motions of default on third parties.
Mortgage company offered consent judgment with waiver of deficiency of all monies owed after sheriff's sale. I took it as I was staying up late into night writing motions and finding case law. I was not very present to my family. I received a final order or foreclosure stating sum due. Sum is in a range my accountant can mostly write off mortgage relief act is not in effect when this complete.
Here is the situation and question now. The mortgage company sold the loan after the final order of foreclosure. The new mortgage company is telling me they did not know any thing about this. I sent them copies of the legal documents. the new mortgage company said they would have to honor the the deficiency waiver but they would need to start a new foreclosure case.
I want to tell them to go pound salt. Their cause of action is against the prior servicer and that if they do file another foreclosure suit I would raise claim preclusion as an affirmative defence and next immediately file a motion of summary judgement on those grounds. IS this a sound plan?
Second question since there is an order of final foreclosure can i demand the new servicer not report the loan as active and continuing to miss recurring payments?
Submitted: 7 months ago.
Category: Real Estate Law
Customer: replied 7 months ago.
I do not want another foreclosure case because the final judgment will be higher by the time all is said and done. I am worried about tax consequence as my accountant assures me we can work with the numbers as they are now to avoid lion share of taxes if any,
Expert:  WiseOwl58 replied 7 months ago.
You are not responsible for what the second mortgage company did not bother to find out, and if you go back to the court, you will get a court order that the new servicer not make any adverse reports against you. It was the fault of the second mortgage company that they did not bother to do due diligence and that they went into it blind. They should have checked out the situation beforehand, and it is not your fault. The court will definitely find in your favor here. Please rate the anwer 4 or 5 and close out the question. Good luck to you. I wish you all the best.
Expert:  WiseOwl58 replied 7 months ago.
Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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