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Please advise

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Icon Mini Profile aimhi97





Joined: 30 Nov 2008

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Post Posted: Sun Nov 30, 2008 8:22 pm    Post subject: Please advise
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I have a lien on my brother's property in California. He has a mortgage on the same property. A debt Collector placed a lien on my brothers property for unpaid alleged debt, the debt collector won by default judgment. The debt collector sued my brother again and tried to force sale of the property but the judge dismissed the case because the amount is much less than the 1st and 2nd liens on the property.

My question is Can I foreclose on my brother's property? Can I take over it? How? Can the debt collector come after me?
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Post Posted: Sun Nov 30, 2008 10:36 pm    Post subject:
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I think you will be able to foreclose the property but for the legalities, it's better to consult a lawyer. You will have to file Notice of Delinquency, Notice of Default (NOD) as well as a Notice of Sale (NOS). You will also have to inform your brother about the fact that you are foreclosing on the property.

Yes, the debt collector may come after you and ask you to clear off his dues. Moreover, you have also mentioned that your brother has a mortgage on that property. In that case, the mortgage lender will also ask you to clear off the mortgage dues.
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