[CLBS] Zombie second mortgages?

[Jed Manwaring]

CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns.

Idaho Residential Mortgage Practices Act Title 26 Chapt 31;
Idaho Consumer Protection Act 
Statute of limitations
Equitable Doctrine of Laches

Jed W. Manwaring

1161  West River St., Suite 100
P.O. Box 959
Boise, ID 83701
(208) 384-1800 Tel.
(208) 345-3514 Fax.
jmanwaring at evanskeane.com

-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Holly Roark
Sent: Tuesday, September 20, 2022 6:58 PM
To: 'Bankruptcy list' <CLBS at admws.idaho.gov>; CLBS <clbs-bounces at admws.idaho.gov>
Subject: [CLBS] Zombie second mortgages?

CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns.

Do we have any state laws that are helpful to deal with old second mortgages where there has been no movement (payment or collections) post-BK for over
10 years? (The loan term is through 2026, FYI). I have a matter where the second is now trying to foreclose, but there is probably an issue with the chain of assignments of the Note/DOT, so I will be looking at that. I am just wondering whether we have any other state law that would be helpful in this scenario where the debt is old, but they do have a lien on the house. 

 

Best regards,

HOLLY ROARK

Attorney at Law 

Certified Bankruptcy Specialist -

By the State Bar of California Board of Legal Specialization

 

ROARK LAW OFFICES

950 Bannock Street | 11th Floor | Boise, Idaho 83702

Phone:  (208) 536-3638 Fax: (310) 553-2601

E-mail:   <mailto:holly at roarklawboise.com> holly at roarklawboise.com 

 

*This communication does not create an attorney-client relationship.

Unless you have signed a retainer agreement with Roark Law Offices, this 

communication may not be private or privileged.

 

_______________________________________________
CLBS mailing list
CLBS at admws.idaho.gov
https://protect-us.mimecast.com/s/U6uJC5y4wLFp8ExqizDJuZ?domain=admws.idaho.gov