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Re: CA Foreclosure question on 2nd

Posted by Craig in LA on April 09, 2009 at 7:28 PM

In Reply to: Re: CA Foreclosure question on 2nd posted by Billy F on April 09, 2009 at 9:05 AM

: Hi Kristine. Thank you for offering some insight into my situation. I will cease all contact with them from now on. The foreclosure sell date on 4/17/09 is for the 1st Mortgage with Wells Fargo Home Mortgage ($252K). The 2nd ($64K) with Wells Fargo Home Equity are the ones who are calling and threatening me. Their was absolutely no fraud on my part as I had no idea nor ever planned on renting this condo out. Thanks, Billy F

First, stop talking to the lenders. Second, you may have run afoul of the "one action rule" which would allow the 2nd TD lender to pursue the equivalent of a breach of contract claim against you if they did not foreclose on the lien position. This is rather complicated and I am thinking of writing an article on this to post in the near future. I suspect this is what they are talking about.


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