2nd lien; borrower attorney claiming not valid due to 1099 in 10'

[Robyn J.]

I have a 2nd lien that we are near foreclosure sale (in Florida). However, borrower hired attorney (not surprised) & attorney claims that since borrower received 1099 from lender in 2010 that lien was released. 

My attorney is not so savvy with jr liens. Their attorney is not savvy with foreclosure, notes, etc.  

The lender was PNC. There was not a 'release' filed by PNC. But that's not sufficient to the attorney. 

Anyone in this space knows that many, many especially the big lenders issued 1099's to 'write-off' their liens. How can I get or what can I use to provide better proof that 1099 was only a write off?  

The borrower attorney is now filing a lawsuit to include us (note holder), PNC & anyone else associated with the note claiming it is invalid.  All this is doing is racking up attorney fees & delaying the inevitable.  

Of course if I could get an email or letter from someone with PNC that would make a world of difference.

Any suggestions!

Thanks!

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