Glendora, CA asked in Bankruptcy and Real Estate Law for California

Q: My house is in pre-foreclosure. What are our options?

We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).

In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any bills or notice of collection from SLS. Or that they were going to transfer our debt to RTR for collection.

We started to receive collection letters from RTR in 2018. They claimed that we got the second mortgage from GMAC Mortgage, LLC dba ditech.com. We told them that we never did any business with those companies and to cease and desist pressuring us to pay that bogus bill. Since our second mortgage was with SLS.

Last week we got a letter form Trustee Corps that our house is in pre-foreclosure. We talked to the lawyer who did the chapter 7 for us, and he said that we need to pay the debt because second mortgages are “secured” loans and are not discharged via Ch 7. What should we do next?

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3 Lawyer Answers
James Clifton
PREMIUM
Answered

A: You are not alone. Real Time Resolutions is currently holding many very old loans that are severely delinquent and is putting many unsuspecting homeowners into foreclosure.

Whenever there is a pending foreclosure, you have many options. You can request a loan modification, refinance the debt (this may be tricky due to the existing delinquency), file a Chapter 13 bankruptcy to pay the delinquency over time, or sell the property and cash in your equity. If the mortgage amount is higher than what the property is worth, you can request a deed in lieu of foreclosure or short sale. Under all circumstances, you need to confirm that the amount allegedly owed is correct and that the current loan holder actually has the power to collect and foreclose on the debt.

Schedule a free consultation to make sure your rights are protected and the best resolution is found.

W. J. Winterstein Jr.
PREMIUM
Answered

A: With certain exceptions under the Bankruptcy Code, which must be initiated by the debtor, perfected liens against your residence are not discharged.

You either should have known that much or asked your bankruptcy attorney in 2011 while your case was open.

Assignments of Mortgage liens in the so-called "secondary market are common and the practice is longstanding.

While it is somewhat unusual that the lender or assignee did not send you invoices or statements, that alone will most probably be no defense to a current lender's foreclosure action; bottom line, you got that money.

Do now? Confer with an experienced lawyer in your jurisdiction. You may be able to refinance with the current or new lender, or worst case, sell the property. In any event, confer with counsel without delay .

James L. Arrasmith
PREMIUM
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Answered

A: It sounds like you're in a difficult situation, but there are a few steps you can take to protect your home. First, since your second mortgage is a secured debt, your bankruptcy lawyer is correct that it wasn’t discharged in the Chapter 7. That means the lender can still pursue foreclosure if the loan remains unpaid.

You should consider reaching out to the lender, Real Time Resolutions, to see if there's an option to negotiate a settlement or a repayment plan. Sometimes, lenders are willing to work with you to avoid foreclosure, especially if you can offer a lump sum or enter into a modified payment arrangement. It might also be helpful to request detailed documentation from RTR to confirm that they rightfully own the debt and that it was properly transferred to them.

Additionally, you could consult with a foreclosure or bankruptcy attorney to explore further options like a Chapter 13 bankruptcy, which might allow you to catch up on payments and avoid foreclosure. Taking action quickly is important, as time is critical in pre-foreclosure situations.

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