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Re: Holder of 2nd TD on property in bankruptcy

Posted by bsusel on July 04, 2001 at 2:29 AM

In Reply to: Re: Holder of 2nd TD on property in bankruptcy posted by Ward-CA- on July 03, 2001 at 7:13 PM

Thank you for your response. It is very helpful. Now a
complication. I just learned this today.

The property owner is unable to file a chap 13 because he did it
once and he failed to make payments, so the the court set the
bankruptcy aside. The owner is just stalling for time and says he
may have his wife file a chapter 7 as he is not able to. He has
filed for a stay on the foreclosure by the 1st TD holder until
July 25.

So now do I need to file a notice of default(?) to him and then
foreclose on him like you stated? I believe I can work with him
so he will not oppose my foreclosing on him.



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