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Abandoned property/trustee sale

Posted by DaveY on July 29, 2003 at 11:07 AM

My 2nd lender (Citi) placed the loan ($23,000) as an "abandoned property" in June 2002. I was going thru a personal Chpt. 7 BK and was discharged May 2002, but did not include the Citi loan, I wanted to deal with Citi, but Citi never contacted me after Feb. 2002. I never knew the property 2nd D/T was abandoned until I received a 1099-A from Citi for the remaining loan balance of $23,000.

But the question is this: some private investor bought my note for ???, in Dec. 2002, I still got a 1099-A for the same value as my Citi loan balance. I received letters and faxes from the buyer's real estate agent and holder of the note. I didn't know if this was "legit", as I'm not sure the new parties involved knew of the "abandoned loan" filed in June 2002.

Now the new party filed a notice of default for the amount of the non-payment (past due) of $6,831.00 and soon can go into the trustee sale (they filed the NOD on 4-24-03, but gotten no notice yet of the trsutee sale). I did however, bring to the buyer's attention of what happened.

We think that the new buyer/lender of the note paid 5 cents on the dollar using a $23,000 amount, that's about $1,500

Did Citi screw up in making the 1099-A?

Can the buyer of the new note get more than what they paid for my note?? $1,500 purchase and get $6,800 to $23,000

I have written to the holder last week but not heard back yet.

I told them they may have purchased the note from Citi under "false pretense". since Citi abandoned the note.

Help...

I can be reached at 818-375-9473 anytime if needed....

Thanks,

Dave


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