Skip to content
×
PRO Members Get
Full Access
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime.
Level up your investing with Pro
Explore exclusive tools and resources to start, grow, or optimize your portfolio.
10+ investment analysis calculators
$1,000+/yr savings on landlord software
Lawyer-reviewed lease forms (annual only)
Unlimited access to the Forums

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Followed Discussions Followed Categories Followed People Followed Locations
Legal & Legislation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 2 years ago on . Most recent reply

User Stats

30
Posts
4
Votes
Kim Frantum
  • Rental Property Investor
  • Waterford, MI
4
Votes |
30
Posts

Property Lien question

Kim Frantum
  • Rental Property Investor
  • Waterford, MI
Posted

Has anyone ever experienced a lien on a property, an unpaid second loan that has passed the statute of limitations, a "Zombie Loan"? In this particular situation, the homeowner obtained an 80/20 loan in 2005, stopped payment on the second loan in 2009 just after modifying the first loan in 2008. Recently the homeowner has received correspondence from a collector about the debt, but the letter specifically says that due to the statute of limitations they can't legally enforce a lawsuit. However, there is still a lien on the property (through a mortgage company that no longer exists - WMC Mortgage) so they can't refi their existing loan.  Any suggestions? 

Most Popular Reply

User Stats

3,499
Posts
3,451
Votes
Tom Gimer
  • DMV
3,451
Votes |
3,499
Posts
Tom Gimer
  • DMV
Replied

@Kim Frantum Every bank has a successor. WMC Mortgage's loans were sold to multiple entities... most to Litton Loan Servicing, some to Option One and some to GE Money Bank. Ocwen now services Litton's loans. That's where I would start.

That 2nd likely matures in 2035 and won't expire for a period of years after that and if that's the case it's a lien that needs to be paid and released in connection with a sale or refinance.

  • Tom Gimer
business profile image
Gimer Law
5.0 stars
6 Reviews

Loading replies...