Posted on: 26th Jan, 2010 06:05 am
a house is part of an estate and the administrator of the estate is paying monthly payments to the first mortgatge holder, chase. however, the administrator has not been able to make the second mortage payments to countrywide the second mortage holder. countrywide foreclosed on the second mortgage and sold the house at an auction. in this process countrywide listed themselves as the first mortgage holder. the administrator of the estate has been told to stop paying chase and that an eviction notice will be forthcoming by february 1st, 2010. the administrators attorney gave her this information. also, the administrator was told that the house will go into foreclosure with chase and the person(s) who bought the house at the auction will be contacting chase to discuss taking over the mortgage that chase holds. chase, the actual first mortgage holder has never been notified by countrywide that a foreclosure and auction has occurred. supposedly the sale occurred sometime in september, but, no paperwork on the sale was filed until 3 days ago. is it legal for a second mortgage holder to list themselves as the first mortgage holder when they are not, foreclose and sell a house? is there a way to force countrywide to correct the paperwork given to the sherifs' office listing countrywide as the first mortgage holder? what legal options are available for the administrator of this estate?
There is no listing of first or second mortgage holder. They simply listed themselves as the foreclosing mortgage. Since the auction has been held, the purchaser at auction now owns the house, subject to the first mortgage.
Thank you for your reply to my message.
