2nd mortgage suntrust being sued by Bleecker Brody and Andrews

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My first and second mortgage is with sun trust. Three years and a half ago my first loan went into default and pre foreclosure which I am told the banks view as
A foreclosure. The first was modified three years ago
Due to sc law to help with mortgage intervention.
The second I stopped paying about 5 years ago
But on my husbands credit report it says charged off in 2013 and closed. The Charleston county tax office
Says open lien from sun trust still there. Law office
Of Bleecker Brody and Andrew ( known to be a
Debt mill house) is suing. They checked off
The box debt collection 110 not mortgage. I have a contract on my house but with open lien I really unsure the assignment of this and if I pay law firm who says they represent sun trust will they really be able to
Say that debt is satisfied and lien will be taken care
Of at closing? I am afraid they are lying and that maybe they bought the note and not the mortgage . I am
Trying to understand this from reading on web,
Supposedly something can be nullified. If I pay
Them money I might still owe suntrust. Can
Anyone help me with this the attorneys I spoke
With give contradicting information .

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I spoke with suntrust they have sold off my 2nd mortgage to a collection agency. Since they sold it off
They are suing me... (more)

cspinelli3 (Apr. 21, 2017 @ 10:17p) |

The lien is still open, you cannot get away from that. Did you ask SunTrust if they still own it? I would venture to gu... (more)

MilleniumBuc (Apr. 22, 2017 @ 4:00p) |

It is considered a unsecured debt once the sold it off
They cannot still have the lien which keeps it secure

cspinelli3 (May. 03, 2017 @ 5:33p) |

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did you copy this out of a .pdf?

What do you mean by did I copy out of pdf

cspinelli3 said:   What do you mean by did I copy out of pdf
  
The formatting of your post is  messed up and it looks like what can happen if its pasted out of a PDF.


 

I am sorry being a person that is very bad with
Technology. I have a disabled child and myself
Unwell and recent divorce I cry all the time and I am try
Be strong for my daughter .

When I built this house I used all my life savings and now I am sick and trying to get out and take care of
My daughter.

I am on the internet all the time trying to find a
Solution to this second mortgage lawsuit.

You're post reads like bad poetry.  You might try editing it to fix the formatting so that it is more readable.

When a loan is charged off by a lender, that just means that they have deemed it uncollectible.  Unless you negotiated some settlement where they would release the lien, that isn't going to go away.  They are just going to linger in the shadows until one day you come into some money or try to sell the property, and then you can bet they are going to try to collect.

Have you actually been sued, or did you just get a threatening letter from a law firm?  Did you negotiate a settlement with SunTrust on the second mortgage, or did you just stop paying?    

Ok. I will try again. This is a second mortgage that
They have sued on it. The attorney Bleecker
Brody and Andrew are saying they represent
Sun trust and they are suing with a lawsuit.

I modified the first mortgage three years ago. I had stopped paying on both. Went to the bank several
Times to ask about the second mortgage and I
Was told there was no more accounts with them.

You owe the second mortgage. I would answer the lawsuit. The lien isn't going away as dcwilbur stated until paid when house is sold or settled. What is your specific question?

Have you been served notice on the lawsuit? Or just a threatening letter from a debt collector lawyer that they will sue if you don't pay?

You've got a debt you haven't paid and someone is trying to collect. WHat are you really looking for here?

Friendly piece of advice: don't hit return after every few words or half a sentence, it makes your posts look bad and hard to read. Are you using a phone? It should automatically wrap around so don't hit return when you reach the right side.

cspinelli3 said:   What do you mean by did I copy out of pdf
  you have regularly spaced line breaks, which is very common when you copy an paste out of a .pdf.
Looking at later posts, it appears you are probably typing on something that inserts regular line breaks. or you're hitting enter when you get to the end of a line.
 

cspinelli3 said:   Ok. I will try again. This is a second mortgage that
They have sued on it. The attorney Bleecker
Brody and Andrew are saying they represent
Sun trust and they are suing with a lawsuit.

Precise language is very important.  They have sued, are suing, will sue, might sue, could sue, want you to think they'll sue...These all have different meanings.  Have you actually been served with a notice that a lawsuit has been filed? 

Yes a lawsuit has been filed. My question is if I sell my house do I pay sun trust or the collector?

ANSWER THE LAWSUIT! Try to settle with the collector pending they can validate the debt. You should be able to file a motion to stay pending validation under FDCPA.

Smaller/regional banks have been selling a lot of second mortgage debt as of late and collection lawsuits are not unheard of in my area.

I would recommend calling a bunch of foreclosure/debt collector defense attorneys in your state and seeing what they have to say. Don't retain anyone yet; just have them each give you a consult. 

I'm not a lawyer and this isn't legal advice

I have a buyer for my house and can close in a few weeks. The county tax office has an open lien from sun trust. There is enough to pay the second mortgage. My
Concern is if we pay the lien off does sun trust really have title to it. I have been reading they could of sold the debt to the collection agency but keepthe mortgsge. They have charged it off three years ago and I think sold it to a debt collection agency but the lien from them is still open ? I am afraid to pay the wrong one and still be responsible to the other one.
I am really unsure who owns the mortgage and I read under the real estate settlement act that you need to find this out. Since the mortgage crisis if 2008 a lot of
Lenders have list in court because they couldn't prove they still own the debt. A mod specialist today told me
Not to talk to the collectors because they have been fined for lying and that he said the paperwork is incorrect because if suntrust has an open lien they cannot sue because the loan then becomes unsecured and the lien has to be taken off. He told me to pay the lien and deal with the debt collector later I need to be sure this is the right action to take before trying to close

I would definitely get a lawyer if I were you. There is a lawsuit already, and a sale could get messy. Get a professional to go through this with you. They should be able to do the research to figure out who really owns what.

cspinelli3 said:   I have a buyer for my house and can close in a few weeks. The county tax office has an open lien from sun trust. There is enough to pay the second mortgage. My
Concern is if we pay the lien off does sun trust really have title to it. I have been reading they could of sold the debt to the collection agency but keepthe mortgsge. They have charged it off three years ago and I think sold it to a debt collection agency but the lien from them is still open ? I am afraid to pay the wrong one and still be responsible to the other one.
I am really unsure who owns the mortgage and I read under the real estate settlement act that you need to find this out. Since the mortgage crisis if 2008 a lot of
Lenders have list in court because they couldn't prove they still own the debt. A mod specialist today told me
Not to talk to the collectors because they have been fined for lying and that he said the paperwork is incorrect because if suntrust has an open lien they cannot sue because the loan then becomes unsecured and the lien has to be taken off. He told me to pay the lien and deal with the debt collector later I need to be sure this is the right action to take before trying to close

  
Lot of times these bank have an old lien that they forgot to remove.  In my case, I paid off a mortgage in full, but later during another cashout refinance, we still had Lein.  Basically in one of prior refinance, the bank that got paid fully didn't remove the lein by mistake.   It happens lot of times.

I would get a lawyer to sort through this.  It very well could be suntrust no longer has a lien .. but someone else does.

If you try to sell your house ... you'll have problem closing.  I mean they'll figure out there is a lein that they cannot close.

OP, Best Wishes to you going forward! But This is one of those scenarios where a competent legal person, called an attorney, is mandatory because you don't know how much mess is in the mess.

imbatman said:   cspinelli3 said:   What do you mean by did I copy out of pdf
  you have regularly spaced line breaks, which is very common when you copy an paste out of a .pdf.
Looking at later posts, it appears you are probably typing on something that inserts regular line breaks. or you're hitting enter when you get to the end of a line.
 
  

Agree with the commenters above - you really need an attorney to figure this out.

cspinelli3 said:   ... the attorneys I spoke
With give contradicting information .

  
Its good advice to talk to a lawyer, but OP has talked to 2 attorney's but they gave conflicting advice.

How to sort that out now?    Which to believe?    Should she get a 3rd opinion?    

 

I spoke with suntrust they have sold off my 2nd mortgage to a collection agency. Since they sold it off
They are suing me in civil court . I called the court
House the lien is still open, if the loan was sold off
Does the lien still stay open or since they no longer
Own it do they need to release it?

The lien is still open, you cannot get away from that. Did you ask SunTrust if they still own it? I would venture to guess that the loan and the note where sold to the collection agency.

Once you find out who owns it, you will need to negotiate like it was a short sale, unless you can pay the loan in full, including interest and penalties, that the collection agency is looking for. If you can't negotiate, you can't sell the house. If you don't have any money, then you might have to do a short sale negotiation with the 1st loan and they would agree to pay a certain amount to the 2nd, but then you need the 2nd to agree as well.

Unfortunately it could be a long negotiation to get what you want.

It is considered a unsecured debt once the sold it off
They cannot still have the lien which keeps it secure



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