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Re: Fees would eat you up.

Posted by stanf on May 30, 2002 at 6:40 AM

In Reply to: Re: Fees would eat you up. posted by Jim V on May 29, 2002 at 11:51 PM

You are understanding my post, and you are most likely correct... The fees would be killer and it would, no doubt, be better to re-fi.

But I'm asking not if it would be practical, but if it would be legal.

I can't forsee many situations where this would come into play, but I'm just curious about how a judge would handle this.

For example, we were working a CA foreclosure, days from auction, and the seller did not want to do a trust and was very hesitant to file a BK. We contacted the first, and they were not about to postpone and said that they would refuse reinstatement payment from anyone but the trustor. They were a small firm and were very adament. There was a second that we could buy at great discount putting us in a junior position. We didn't do the deal for other reasons, but it would have been good to know our options.

Thanks for all the input, this board is great!


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