HELOC - Ignored at Foreclosure and Later Charged Off. is This Protected by Ccp580d
I have received my first collection letter on the below situation.
MAIN question: If the mortgage holder is both the Senior and Junior HELOC mortgage holder and they instigated a foreclosure on the 1st mortgage - is the HELOC protected under CCP 580D? The heloc was obtained after the purchase to help the 1st mortgae holder not foreclose on the 1st mortgage.
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Detail Summary: I obtained a HELOC on a property where I wasn't on the first mortgage... Money was initially disbursed to the X-wife who was the sole 1st mortgage holder in Nov 2006. Needless to say WAMU was the mortgage holder on the Senior and the Junior Heloc. Without any notification to me the 1st mortgage holder was in foreclosure precedings on or around Jan 2008. (I never had a deliquency on the HELOC) - For 3.5 months I spent researching and pleeding with WAMU to tell what would happen to the HELOC loan when the foreclosure transpired ON DEAF EARS. Various departments stated that I would not be effected since my SSN is not on the first mortgage and I didn't foreclose since the 1st mortgage holder is listed as a valid TRUSTOR on my title secion of the HELOC yet I do not have my SSN on the 1st mortgage.. Subsequent to this on the Foreclosure Date 4/18/2008 I was informed (Again Verbally) that my HELOC was Zero'd out and closed and I was not effected by the closure. (Furthermore on that day I noticed that WAMU ran my credit report). A couple of days elapsed and the account was still open although the property foreclosed. On (4/24/2008) 6 days after the foreclosure that I was informed that I would be charged off on April 18, 2008 (Which I have the document still. Again - more back in forth lies. Wamu never sent me any notification that I elect to keep it open via a Bank Contract and failed to close the account. This led to major problems and a hardship for me given -
I studied the law and found CCP 580d which states if the senior mortgage holder instigates the foreclosure that they can not seek deficiency on the heloc. However, Since they never abided by the Executive letter to charge it off nor sent me any notification of foreclosure and I had no delquencies on record I continued to pay on the account indicating that the Charge Off was supposed to occur. Since they told me the charge off was supposed to occur in the X-wifes name (She is a valid Trustor on my loan documnets) and they failed to comply with the charge off - I didnt want the charge off to occur based on my delquency (Which didn't exist at the time preceding or after the foreclosure) In the interim I request that WAMU grant me a hardship. I stated again that property foreclosed and they again ignored my plees but eventually granted a hardship in October 2008 6 months after the foreclosure. Their recovery department never answered the phone and never returned my calls and I had nothing but a run around. (The Loan - origination was flaud in many ways and I asked for an investigation of it immidiately after funding on deaf ears twice). Their computer system didn't properly generate notice of foreclosure to me because it was not tied in the computer system to the 1st apparantly leading to staff confusion at wamu. I spent the last 3 months dealing with Chase Executives and tried to have them abide by the Charge Off they so stated they would perform in the Xwifes name and further more have it charged off based on the foreclosure.
On July 13, 2009 - I spoke with the WAMU head person - Lucky I found him. He had listed in the system (A retro active note back to December 2007 - that I was to be recommended for Charge off on April 18, 2008 ) WAMU didn't do this and furthermore didn't have me sign a contract to keep it open even though they already sold the property to another party on July 15, 2008. They now charged off the account 7/13/2009 based on that NOTE and the recovery department was to research my claims before going to collections on this account and get back with me. Instead they put me in immediate collections and a demand for payment in full letter was sent to me which I tried to contact them 20 times on deaf ears. In the meantime I have letters to the BBB, Credit Bureus, OCC and FTC on this account and their negligence in handling the situation. They ignore everything I ask. I have been trying to obtain the note that has been read to me by WAMU personal dated 7/13/2009 stating I was charged off because of the foreclosure 4/18/2008. Hoever, they will not tell me the reason why I was charged off in writing. (I have them on audio tape again telling me this fact)
At this point I now have received a colleciton letter from a FIRM called PRS in Voorhees NJ and they say I have 30 days to dispute this collection and now I am stuck not knowing how to handle this situation. The collection agency ran my Credit Inquiries 3 days in a rows 8/11 - 13 and I have since locked my credit reports. I called the number they left a voicemail to me on (Claiming to call Mr. Shpairo) there is no one there by that name and the harrassed me. I faxed a Cease and Desist letter to them.
Am I protected from deficiency judgement based on CCP 580D and did there extreme negligence cause me enough mental anguish for 3 years of ignorance in giving not one straight answer on this account warrent a law suit against them. Furthermore - I paid the BILL from April 2008 to July 2009 because I didn't want to have delquency on my credit report as to counter claim any charge off they may had forced upon me. Paying after foreclosure was done because they fail to perform the charge off on the foreclosure date and close the account.
What do I do now
???? Bankrupcty - or have attorney supbeana all back records and notes from the Recovery team at WAMU? Since they told me I would not be effected on APril 18, 2008 and they lied and left it open without my written Contract to keep it open and hid the HELOC from the Foreclosure preceding based on my good standing and payments.
Thank you
Am I protected on CCP 580D since the MORTGAGE holder WAMU FOreclosued the Property on April 18, 2008 and ignored the HELOC in all regards which they now have charged off 15 months later.
Will they seek a deficiency in this case? Certainly it is a unique case whereby WAMU is severly negligent in every way. (Note: I never received the money on the HELOC - they disbursed the money to the 1st mortgae holder to prevent a foreclosure in 2006.
Bruno
Re: HELOC - Ignored at Foreclosure and Later Charged Off. is This Protected by Ccp580
In terms of when a deficiency judgment may be sought on a HELOC, when you have your first mortgage through Lender A, and a non-purchase money HELOC also through Lender A, they cannot foreclose on the primary mortgage then later pursue a deficiency judgment on the HELOC. Note, a charge-off is not the same thing as a foreclosure or a deficiency judgment.
When you have thirty days to dispute a debt for a claim you believe is not collectable, be sure to dispute the debt within that time frame.