Posted on: 08th Jan, 2010 09:16 pm
i am trying to sell my home and have a buyer. my 2nd mortgage was charged off in 2003 and sold to collection agency. the collection agency never sued me for the money and the record will be off my credit report this year. however, i'm not sure if i will have a lien from the 2nd mortgage on my property when i go to closing. i reside in texas, and the statute of limitations for lawsuits is 4 years.
i did try to contact hsbc about the second mortgage and they couldn't fnd my loan; it just shows paid in full/charge off. so they were not very helpful at all. and i called the number to the collection agency letter from two years ago and they said i could settle the debt for $10,000 (originally 30k). but since it's been so long, i'm not sure if i really have to pay them in order to be able to sell my home with a clear title. i did a real property search for my home, and i have the two original deeds of trust showing for each loan, from 2001, but i don't see any other lien on my record. can someone advise me as to what my options are and how i need to proceed? thanks.
i did try to contact hsbc about the second mortgage and they couldn't fnd my loan; it just shows paid in full/charge off. so they were not very helpful at all. and i called the number to the collection agency letter from two years ago and they said i could settle the debt for $10,000 (originally 30k). but since it's been so long, i'm not sure if i really have to pay them in order to be able to sell my home with a clear title. i did a real property search for my home, and i have the two original deeds of trust showing for each loan, from 2001, but i don't see any other lien on my record. can someone advise me as to what my options are and how i need to proceed? thanks.
As the second mortgage is charged off to a collection agency it will be considered as a lien on the property title. You won't be able to sell off the property with a free and clear title. If the buyer does a title search, he'll be able to know about the property lien. To know more about second mortgage charge off, check out the given page:
http://www.mortgagefit.com/know-how/secondloanchargeoff.html
http://www.mortgagefit.com/know-how/secondloanchargeoff.html