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Mortgage Foreclosure in Massachusetts

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Dangers

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Post Posted: Tue Feb 08, 2011 6:33 pm    Post subject: Mortgage Foreclosure in Massachusetts
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Mass. If both 1st & 2nd mortgages are held by the same bank and the 1st has been foreclosed and the 2nd is written off. They wrote it off just before filing the foreclosure papers at the registry of deeds only on first. Then sold the property exactly 30 days later for $20,000 less than both mortgages. Then 4 months later they added the 2nd mortgage back and sold it to a collection company. Can they do that legally in MA???

Thank you, for any help.
Deb

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jameshogg




Joined: 20 Dec 2005

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Location: Nevada
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Post Posted: Tue Feb 08, 2011 8:48 pm    Post subject:
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Hi Guest,

The second mortgage and the deficient balance from the first loan can be charged off and assigned to a collection agency. The collection agency can come after you in order to collect the dues.

Thanks
Dangers

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Post Posted: Wed Feb 09, 2011 3:35 pm    Post subject: Mortgage Foreclosure in Massachusetts
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The only deficient balance would be on the 2nd, because they paid off the 1st. The 2nd was written off. In Massachusetts the bank can not get a deficiency judgement for the balance of the 2nd. From what I can see, the bank wrote off the 2nd only so they could sell the home without any liens on it.
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