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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I had a house foreclosed on in Nevada in 2010. The second

Customer Question

I had a house foreclosed on in Nevada in 2010. The second mortgage and home improvement loan were supposed to be cleared during the foreclosure, but they weren't. They were only charged off. I have recently been told these junior mortgages should have foreclosed with the first and that I can sue them for damaging my credit and harassment. I can't find anything that indicates this is true, but I've been told this by people in the mortgage industry.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. You have both Texas and Nevada listed. Which state did the foreclosure take place in? It does matter as the laws are different between these 2 states.
2. How has your credit been damaged other than an indication that the debt is either unpaid or written off?
3. What harassment are you referring to specifically?
Customer: replied 2 years ago.
Hi Doug,In answer to your questions:1.) The foreclosure took place in Nevada. I currently live in Texas. I wasn't sure which state laws would apply in.
2.) I guess that's it. Again, the mortgage professional I spoke with gave me the verbiage. So, no more damaged than a foreclosure already is.
3.) It was a while ago, probably prior to the Justice Dept settlement - I'm dealing with GreenTree. They used to call at odd hours and got fairly unpleasant. Then it stopped. I talked to someone there recently, she was very polite.Thank you
Expert:  LawTalk replied 2 years ago.
Good afternoon,
What did you talk to someone recently about? Are they still trying to collect the debt?
Customer: replied 2 years ago.
I called to find out why the debts still show amounts due. I was under the impression that these had been dispensed with the foreclosure and any contact was simply unethical 3rd party collection companies trying to get what they could. When we applied for a mortgage recently, I found out these are showing not as foreclosed, but as open accounts. As I now understand, the liens were removed when Wells foreclosed, but these junior loans were not included when Wells got its money.
Expert:  LawTalk replied 2 years ago.
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here.
Thanks in advance,