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May 17, 2011 at 7:50 PM in reply to: Ex-in-laws (3rd party creditors) want to foreclose on my condo #696711May 17, 2011 at 7:50 PM in reply to: Ex-in-laws (3rd party creditors) want to foreclose on my condo #696859
bearishgurl
ParticipantIf your in-laws recently filed a trust deed to secure their $200K note, it will be second in line to be paid should you sell. That party will receive whatever sale proceeds are available after your 1st TD holder is paid off and closing costs. This may or may not be $200K.
The above statement is only relevant if you and your ex wife did NOT take out any HELOCs or 2nd TD’s in the interim, that is, before your in-laws recently filed their 2nd trust deed. In this case, you in laws would be third in line to be paid upon sale.
If the $200K was purchase money (that is, used to purchase the condo), then your former in-laws must accept whatever proceeds paid to them in a foreclosure sale. They will not be able to after you for the difference in this instance, but in order for them to be forced to legally accept less, you will have to let it go into foreclosure.
If you list the property for sale and any of the lienholders refuse to sell short, the sale will not go through.
It sounds to me like you kept the condo in your dissolution because of an emotional attachment to it. That’s not such a good idea under those circumstances, IMO. In your Marital Settlement Agreement, you apparently agreed that your ex would not be liable to help pay her parents back but yet she signed the note and IS legally liable to pay it back.
If I were you, I would consult a better attorney on this thorny problem than the one that represented you in your dissolution.
May 17, 2011 at 7:50 PM in reply to: Ex-in-laws (3rd party creditors) want to foreclose on my condo #697213bearishgurl
ParticipantIf your in-laws recently filed a trust deed to secure their $200K note, it will be second in line to be paid should you sell. That party will receive whatever sale proceeds are available after your 1st TD holder is paid off and closing costs. This may or may not be $200K.
The above statement is only relevant if you and your ex wife did NOT take out any HELOCs or 2nd TD’s in the interim, that is, before your in-laws recently filed their 2nd trust deed. In this case, you in laws would be third in line to be paid upon sale.
If the $200K was purchase money (that is, used to purchase the condo), then your former in-laws must accept whatever proceeds paid to them in a foreclosure sale. They will not be able to after you for the difference in this instance, but in order for them to be forced to legally accept less, you will have to let it go into foreclosure.
If you list the property for sale and any of the lienholders refuse to sell short, the sale will not go through.
It sounds to me like you kept the condo in your dissolution because of an emotional attachment to it. That’s not such a good idea under those circumstances, IMO. In your Marital Settlement Agreement, you apparently agreed that your ex would not be liable to help pay her parents back but yet she signed the note and IS legally liable to pay it back.
If I were you, I would consult a better attorney on this thorny problem than the one that represented you in your dissolution.
bearishgurl
Participant[quote=wanttobuy]Ok. here is an example.
http://www.redfin.com/CA/Poway/16291-Country-Day-Rd-92064/home/4273643What I want is an estate feel with an updated feeling. I don’t believe there is Mello-roos on this one, and even if it is gated, the HOA is $67 per month. Wow! I am changing my year requirement. It is not necessary to be after 2000, as long as it is clean and doesn’t look and smell like an old house. This one is in Bridlewood Poway. Anyone know about this community? I heard Green Valley, Gatewood Hills, Lomas Verdes are good too. How do you feel about these communities? Of course, if there are comparable properties in coastal area within this price range, I would rather to stay closer to the beach. Any suggestions? Thanks.[/quote]
wanttobuy, are you situated in the southwest part of the country, or in GA? To me, this listing depicting your “dream” home here with its stone facade is reminiscent of those locales. It appears to have sold for a little above your price range. This property appears to be in one of the small (custom?) subdivisions that I previously mentioned where the plat map was obviously in process before the first CFDs were formed in SD County, thus it escaped MR.
Are you aware that Poway and its eastern surrounds is 10-15 degrees warmer (and colder) than the coastal areas, depending on season?
Not sure about the other areas of Poway you mentioned, but I believe some of “Green Valley Estates” has Mello-Roos.
bearishgurl
Participant[quote=wanttobuy]Ok. here is an example.
http://www.redfin.com/CA/Poway/16291-Country-Day-Rd-92064/home/4273643What I want is an estate feel with an updated feeling. I don’t believe there is Mello-roos on this one, and even if it is gated, the HOA is $67 per month. Wow! I am changing my year requirement. It is not necessary to be after 2000, as long as it is clean and doesn’t look and smell like an old house. This one is in Bridlewood Poway. Anyone know about this community? I heard Green Valley, Gatewood Hills, Lomas Verdes are good too. How do you feel about these communities? Of course, if there are comparable properties in coastal area within this price range, I would rather to stay closer to the beach. Any suggestions? Thanks.[/quote]
wanttobuy, are you situated in the southwest part of the country, or in GA? To me, this listing depicting your “dream” home here with its stone facade is reminiscent of those locales. It appears to have sold for a little above your price range. This property appears to be in one of the small (custom?) subdivisions that I previously mentioned where the plat map was obviously in process before the first CFDs were formed in SD County, thus it escaped MR.
Are you aware that Poway and its eastern surrounds is 10-15 degrees warmer (and colder) than the coastal areas, depending on season?
Not sure about the other areas of Poway you mentioned, but I believe some of “Green Valley Estates” has Mello-Roos.
bearishgurl
Participant[quote=wanttobuy]Ok. here is an example.
http://www.redfin.com/CA/Poway/16291-Country-Day-Rd-92064/home/4273643What I want is an estate feel with an updated feeling. I don’t believe there is Mello-roos on this one, and even if it is gated, the HOA is $67 per month. Wow! I am changing my year requirement. It is not necessary to be after 2000, as long as it is clean and doesn’t look and smell like an old house. This one is in Bridlewood Poway. Anyone know about this community? I heard Green Valley, Gatewood Hills, Lomas Verdes are good too. How do you feel about these communities? Of course, if there are comparable properties in coastal area within this price range, I would rather to stay closer to the beach. Any suggestions? Thanks.[/quote]
wanttobuy, are you situated in the southwest part of the country, or in GA? To me, this listing depicting your “dream” home here with its stone facade is reminiscent of those locales. It appears to have sold for a little above your price range. This property appears to be in one of the small (custom?) subdivisions that I previously mentioned where the plat map was obviously in process before the first CFDs were formed in SD County, thus it escaped MR.
Are you aware that Poway and its eastern surrounds is 10-15 degrees warmer (and colder) than the coastal areas, depending on season?
Not sure about the other areas of Poway you mentioned, but I believe some of “Green Valley Estates” has Mello-Roos.
bearishgurl
Participant[quote=wanttobuy]Ok. here is an example.
http://www.redfin.com/CA/Poway/16291-Country-Day-Rd-92064/home/4273643What I want is an estate feel with an updated feeling. I don’t believe there is Mello-roos on this one, and even if it is gated, the HOA is $67 per month. Wow! I am changing my year requirement. It is not necessary to be after 2000, as long as it is clean and doesn’t look and smell like an old house. This one is in Bridlewood Poway. Anyone know about this community? I heard Green Valley, Gatewood Hills, Lomas Verdes are good too. How do you feel about these communities? Of course, if there are comparable properties in coastal area within this price range, I would rather to stay closer to the beach. Any suggestions? Thanks.[/quote]
wanttobuy, are you situated in the southwest part of the country, or in GA? To me, this listing depicting your “dream” home here with its stone facade is reminiscent of those locales. It appears to have sold for a little above your price range. This property appears to be in one of the small (custom?) subdivisions that I previously mentioned where the plat map was obviously in process before the first CFDs were formed in SD County, thus it escaped MR.
Are you aware that Poway and its eastern surrounds is 10-15 degrees warmer (and colder) than the coastal areas, depending on season?
Not sure about the other areas of Poway you mentioned, but I believe some of “Green Valley Estates” has Mello-Roos.
bearishgurl
Participant[quote=wanttobuy]Ok. here is an example.
http://www.redfin.com/CA/Poway/16291-Country-Day-Rd-92064/home/4273643What I want is an estate feel with an updated feeling. I don’t believe there is Mello-roos on this one, and even if it is gated, the HOA is $67 per month. Wow! I am changing my year requirement. It is not necessary to be after 2000, as long as it is clean and doesn’t look and smell like an old house. This one is in Bridlewood Poway. Anyone know about this community? I heard Green Valley, Gatewood Hills, Lomas Verdes are good too. How do you feel about these communities? Of course, if there are comparable properties in coastal area within this price range, I would rather to stay closer to the beach. Any suggestions? Thanks.[/quote]
wanttobuy, are you situated in the southwest part of the country, or in GA? To me, this listing depicting your “dream” home here with its stone facade is reminiscent of those locales. It appears to have sold for a little above your price range. This property appears to be in one of the small (custom?) subdivisions that I previously mentioned where the plat map was obviously in process before the first CFDs were formed in SD County, thus it escaped MR.
Are you aware that Poway and its eastern surrounds is 10-15 degrees warmer (and colder) than the coastal areas, depending on season?
Not sure about the other areas of Poway you mentioned, but I believe some of “Green Valley Estates” has Mello-Roos.
bearishgurl
ParticipantFor a full understanding, what I meant to say in my last post is that I believe the foreclosing lender in this case was subordinate, that is, they were not the 1st TD holder.
bearishgurl
ParticipantFor a full understanding, what I meant to say in my last post is that I believe the foreclosing lender in this case was subordinate, that is, they were not the 1st TD holder.
bearishgurl
ParticipantFor a full understanding, what I meant to say in my last post is that I believe the foreclosing lender in this case was subordinate, that is, they were not the 1st TD holder.
bearishgurl
ParticipantFor a full understanding, what I meant to say in my last post is that I believe the foreclosing lender in this case was subordinate, that is, they were not the 1st TD holder.
bearishgurl
ParticipantFor a full understanding, what I meant to say in my last post is that I believe the foreclosing lender in this case was subordinate, that is, they were not the 1st TD holder.
bearishgurl
Participant[quote=Raybyrnes]Here’s another debatable transaction. 171 to 400 in a year
Property History for 3994 Riviera Dr Unit D
Date Event Price Appreciation Source
Mar 25, 2011 Sold (Public Records) $400,000 -3.3%/yr Public Records
Mar 25, 2011 Sold (MLS) (Sold) $400,000 — Inactive SANDICOR #110010034
Mar 08, 2011 Pending (Contingent) — — Inactive SANDICOR #110010034
Feb 16, 2011 Listed (Active) $400,000 — Inactive SANDICOR #110010034
Sep 21, 2010 Sold (Public Records)
This home was foreclosedand bank-owned
. $171,528 — Public Records
Nov 26, 2003 Sold (Public Records) $510,000 — Public RecordsFor completeness, Redfin often displays two recor[/quote]
I haven’t looked at the trust-deed amounts here, but everything appears to be in order. After 20 days on the market in 2011, it went pending and closed 17 days after that for $400K (cash sale??)
I believe the amount required to cure the delinquent trust deed was so low because it was a second TD holder. We don’t know the amount of the first TD that this second TD holder had to take “subject to.” Perhaps they recovered all of their investment in this recent $400K sale and perhaps they didn’t. It was the smartest thing they could have done to recover whatever losses they could.
bearishgurl
Participant[quote=Raybyrnes]Here’s another debatable transaction. 171 to 400 in a year
Property History for 3994 Riviera Dr Unit D
Date Event Price Appreciation Source
Mar 25, 2011 Sold (Public Records) $400,000 -3.3%/yr Public Records
Mar 25, 2011 Sold (MLS) (Sold) $400,000 — Inactive SANDICOR #110010034
Mar 08, 2011 Pending (Contingent) — — Inactive SANDICOR #110010034
Feb 16, 2011 Listed (Active) $400,000 — Inactive SANDICOR #110010034
Sep 21, 2010 Sold (Public Records)
This home was foreclosedand bank-owned
. $171,528 — Public Records
Nov 26, 2003 Sold (Public Records) $510,000 — Public RecordsFor completeness, Redfin often displays two recor[/quote]
I haven’t looked at the trust-deed amounts here, but everything appears to be in order. After 20 days on the market in 2011, it went pending and closed 17 days after that for $400K (cash sale??)
I believe the amount required to cure the delinquent trust deed was so low because it was a second TD holder. We don’t know the amount of the first TD that this second TD holder had to take “subject to.” Perhaps they recovered all of their investment in this recent $400K sale and perhaps they didn’t. It was the smartest thing they could have done to recover whatever losses they could.
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