Debt Collection on Second Mortgage from Foreclosed Property
My question involves a foreclosure in the State of: NH
Hello,
Let me tell you what I know. I had a 1st and 2nd mortgage through Bank of America on a house in NH. I foreclosed in January 2010 when they sold my house at auction (after notifying my short sale negotiator that the sale had been cancelled). The first mortgage was closed that month and shows a zero balance on my credit report. The second mortgage shows as "transferred to another lender" in September 2010. It also shows a zero balance on my credit report.
I have not received a single communication, statement, etc. from any lender indicating that a second mortgage was due since the foreclosure. Just this month I received a letter from Old Republic stating that my second mortgage, plus interest, is due immediately.
I read that buying and collecting debt is big business for these companies and that they aren't always honest about the debt you owe. My question is, never having received a statement indicating how much I know or to whom I owe it prior to or since receipt of this letter, and also the fact that the debt doesn't show up on my credit report, what is the best way to determine whether I really owe money, how much, and to whom?
I'm not sure if this is relevant, but I also have never received any paperwork from the lender, court, state, etc. regarding the foreclosure. I had to fill out so much paperwork to buy the house that it seems strange to me that they could take it without saying so much as a word to me about it. I heard about the foreclosure from my realtor who was trying to sell the house when the bank's realtor contacted her for the keys.
Thanks so much for your help.
Re: Debt Collection on Second Mortgage from Foreclosed Property
By "second mortgage" you mean what? A purchase money mortgage? A HELOC?
If you aren't sure how the balance being alleged by a creditor was reached, try asking for an accounting.
Re: Debt Collection on Second Mortgage from Foreclosed Property
Quote:
I'm not sure if this is relevant, but I also have never received any paperwork from the lender, court, state, etc. regarding the foreclosure. I had to fill out so much paperwork to buy the house that it seems strange to me that they could take it without saying so much as a word to me about it.
You likely had a power of sale clause in your mortgage which allows the lender to sell the house rather than going through the courts to obtain a judgment. Most states still have requirements for publishing a notice of intent to sell though.