I was told by my real estate agent that if I did a short sale or foreclosure on my home in Arizona, that both the first mortgage and Home Equity Line of Credit (taken out 9 months after home purchase) would both be relinquished in a short sale or foreclosure. Because the house had dropped significantly in value and half the lots were vacant from owners doing the same thing, I decided to proceed with the short sale. It wasn’t approved and went into foreclosure. Now the bank is pursuing judgment against me to garnish my wages. Unfortunately, I can’t afford to retain an attorney. Is this a case I can win, even if I represent myself in a civil suit against this realtor? I also have email documentation asking him specifically how both loans would be treated. He responded with "Don’t worry, I have it!" I also have a witness to him telling me this verbally. According to the anti-deficiency laws, the second loan is not forgiven because it’s Non-Purchase Money, is this correct? Also, I’m wondering if I have a strong enough case to pursue this in civil court, representing myself.
Posts Tagged ‘witness’
Foreclosure…bank seeking judgment on Home Equity Line of Credit?
Monday, November 23rd, 2009Mortgage company won't give wife any information?
Wednesday, October 14th, 2009My husband and I took out a mortgage through GMAC in 2005. We are both listed in the document as "borrowers" and both of our signatures are on it. We both initialed each page of the mortgage document as well. There is a second, much shorter document titled "Open-end Mortage" which appears to establish a home equity line of credit. Only my husband’s signature is on this document. The documents bear the sig. of the Notary Public, but there are no other witness signatures.
Whenever I contact the mortgage lender to find out any information about the mortgage, I am told they cannot give me any information – they can only give it to my husband. How is this possible if both of our names are on the mortgage? This is in the state of Ohio.
Just to clarify: the second document, which carries only his signature (which was done without my knowledge) was for an HELOC Piggyback loan account (although it is called an ‘open-ended mortgage’).The main document – the Mortgage itself – carries both his and my signatures.
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