top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Affirmative answer and counterclaim for mortgage foreclosure

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Affirmative answer and counterclaim for mortgage foreclosure

    Our house is currently in foreclosure by both our primary mortgage and our HELOC. The bank with the HELOC is the only one that currently has a judgment against us for any deficiency balance once the house is sold. We have a bank that has a business loan lien on the home that is in 3rd position. The 3rd position bank has filed an affirmative answer and counterclaim for mortgage foreclosure against both the primary mortgage co. and the HELOC bank. I know this is just the banks fighting it out to try and get $ out of the house ... it doesn't make any sense that this 3rd position bank has gone through this process though, the house is only worth about 20k more than we owe at this point - and that's not at "market price," not foreclosure price.

    I live in a judicial state and a "typical" foreclosure lasts around 10 months from the filing date to sheriff sale.

    Does everything need to be in place with respect to the banks fighting it out before the house goes up for sheriff sale? It's good for us if this is the case as it just gives us more time to stash away money when we are rent-free. Can I find out information on these hearings and such on PACER if I search our local court system? Our local sheriff department's website lists the dates of sales of homes so I check every week -- just wondering if there is a way to find out about court dates b/t the banks and what is happening. I'm not having our bk attorney answer questions on this since the mortgage will be discharged in the bk and I don't want to have to pay him for his answers to this stuff... Thanks for any responses you may have.

bottom Ad Widget

Collapse
Working...
X