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Updated about 5 years ago on . Most recent reply

User Stats

18
Posts
5
Votes
Carrie Smith
  • Flipper/Rehabber
  • Greensboro, NC
5
Votes |
18
Posts

Possible Double Foreclosure Property

Carrie Smith
  • Flipper/Rehabber
  • Greensboro, NC
Posted

I have identified a house about to go up for auction that I am seriously interested in bidding on. In the case documents, the Plaintiff (Ditech Financial) names the deceased owner, the heirs, and AmSouth Bank as the defendants. Foreclosure amount is $87,330 and was filed on 8/24/17.

When I searched court documents using the deceased owner's name, I found another foreclosure process. This one is by AmSouth as Plaintiff naming the deceased owners as defendants. Foreclosure amount is $32,575 and was filed on 8/22/17. This case is awaiting reassignment to a new judge.

Two different foreclosure cases. Two different case numbers. Two different banks. Filed 2 days apart. But the second bank, Ditech, is suing the first bank, AmSouth, in its case.

Going through the records I could find (through the county) I can't even find a loan involving AmSouth and these owners.

Has anyone else come across something like this? I don't even know what kind of questions to ask at this point. I am baffled. Any ideas?

Most Popular Reply

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1,530
Posts
1,103
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Andy Mirza
  • Lender
  • Ladera Ranch, CA
1,103
Votes |
1,530
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Andy Mirza
  • Lender
  • Ladera Ranch, CA
Replied

@Carrie Smith It's possible that DiTech originated two loans, in which case you are dealing with a 1st and a 2nd mortgage. The amounts owed are pretty different, which leads me to believe that they could be two different loans filing foreclosure at the same time. I'm not familiar with how FL does it but other judicial foreclosures usually combine the different priority mortgages into one case 

@Chad U. what do you think?

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