I purchased a home in N. Las Vegas Nevada in 07/2005. It was Foreclosed on in 07/2008. My credit report says i still owe $54,000. I did have an 80/20 loan with a variable rate. This was at the time of the real estate "bubble" so the terms included a $20,000 penalty if sold within two years and I was a first time inexperienced home buyer who didn't know what anything about buying a home. As soon as 2 years came and a chance to refinance the value of house decreased and the same lender would not refinance (They said the value of the property was too low for new terms) so the payment doubled and the value never increased, hence the foreclosure. Am I on the hook for $54,000 for the second mortgage or is there something I can do? When does the time end for the bank to try and collect?
If your 2nd mortgage company received nothing from the trustee sale, then it would have six years from the date of the trustee sale to file a lawsuit against you. If they received something from the trustee sale, then they have six months from the date of the trustee sale to file an application for a deficiency judgment.
If the sale occurred during July 2008, then presuming the house was worth less than you owed on the 80% first mortgage, then it appears the lender could still file a lawsuit for the $54k second mortgage until July 2014, after which they wouldn't be able to file a lawsuit (unless you've made payments after the foreclosure sale which resets the statute of limitations.)
All of the above are contingent on the information in your post being accurate.
William Devine, II
I am an attorney, just not your attorney (yet). Any answers here are to be deemed informational unless and until you retain me as your attorney for actual legal services and legal advice. I offer free in-person consultations so feel free to contact me offline by email or phone. If you like my answer, please hit the thumbs up button.
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Chapter 7 Bankruptcy Attorney
Your timing has been unfortunate, to put it mildly. The second mortgage company has 6 years to sue you from the time of the foreclosure or last payment, whichever occurred last. The law changed in 2011 to only 6 months, but the change in the law won't help you. Hope this perspective helps!
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