Q: I purchased house from county auction. It was foreclosed house. Three months later second mortgage showed up.

A: When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.

Here, it sounds like you purchased and took possession of the home as a result of the foreclosure process. And the second mortgage holder is pursuing its legal option of collecting on the amount still owed to it on the Note directly from the people who signed the Note.

Based on the facts as you describe them, I do not think you should worry about it. However, to confirm what I am assuming to be the case, you would need to retain a lawyer to review the record and the documents.

Best of luck.

A: Agree with Jane Kim's response. To further secure your title, I would suggest doing a quiet title action and naming everyone who was in the prior auction suit.

You need to consult with an attorney who understands and does quiet title work.

A: I would suggest you consult with a mortgage foreclosure defense attorney to make sure the foreclosure that resulted in your purchase was done correctly and without defects. If the second mortgage lender was included in the foreclosure action they would not have a claim against you or the property unless there was some defect that would render the judgment void or voidable.