The security interest in your loan was terminated with the foreclosure. However, the debt still exists. You should consult with an attorney about both the foreclosure and the second. You may have more rights than you think.
We do handle Arizona cases.
We are handling these cases. You need to talk to an attorney before you do anything else, and certainly before you pay anything else.
We are handling cases all over, including Phoenix. I would be happy to talk to you further.
I believe that if the wrong legal description was recorded, then the people would have had to go and do some sort of quiet title or other action to have a subsequent deed be valid. If they did not do so, you may have a whale of a case.
We have been handling cases of this sort in the Phoenix area with success, even though my main office is in Missouri. Would love to talk to you about it. But if you don't talk to me, please speak to an attorney well-versed in foreclosure law. You could...
Have you heard the commercial where the people in the "We Exist" support group have no problem believing the Easter Bunny and a Leprechaun but don't believe the Diet Dr. Pepper delivery man? That's how I have come to feel about loan modifications. They pre-approve every Tom, Dick and Harry down the street, but then they use those additional "delinquencies" (and if you're not paying your full payment, they're delinquencies) to foreclose on you.
Ocwen has been beaten several times recently...
Your lease would dictate what power the landlord has. I would say it might be worth calling an attorney in your area and asking them what they would charge for a short consult, then bring in the lease and let them look at it. This would probably be the best way to handle this.
This is an interesting question. I actually own some property over on Jekyll Island, so I'm very familiar with the area.
There are several things that come to mind:
1) If you did a true refinance when you went from a 5 year to a 30, you might want to look at TILA (Truth in Lending) violations.
2) You would really have to have someone look at all documents before giving you a straight answer. If you have given additional property as collateral, then it may come into play.
During foreclosure, it would depend on the terms of your loan. After foreclosure, they would have to seek a deficiency judgment against you. I also think a new bank account is not a bad idea, but if you have not been foreclosed, I would definitely talk to an attorney and understand your rights.
It would really depend on your particular situation. Theoretically, I think these groups are ripe for the right lawsuit. But, as in most any case, the concept of damages is the key. What damages do you have in this situation? I would love to talk to you more about this. We are certainly trying to muster as many valid claims as we can.
Most of these collectors are more "bark" than "bite". Your rights differ if it truly is the mortgage company, or if it is a collection agency coming in afterwards. If it is a collection agency, then you can tell them to stop contacting you by phone. Any violation thereafter is a violation of federal law.
I would say you should simply tell them to go ahead and sue you; in recent cases that I have with creditors of this sort, they actually have ended up dismissing cases because they don't...
They absolutely cannot take your personal belongings, but could claim that you have "abandoned" them if you don't get them out quickly. I would also check with a local attorney to make sure the foreclosure was done properly. So many of them are not.