Legal Question in Real Estate Law in Florida

Second mortgage

We took out a second mortage on my property in 1998. In the meantime I account was send over to a collecton agency. Our monthly payments were being send Moneystore. The collection agency (ICS) contacted us telling us they brought the loan from the MoneyStore, I asked for paperwork to verify that information. In the meantime we were still sending the payments to the Moneystore. Moneystore filed bankruptcy, so we start sending the payments to the (ICS)the collection agency. Two years later the (ICS) collection agency claimed to sold the loan Premium Capital. We have not received any paperwork from Moneystore,or ICS. Premium capital starting wanting us to send them he payments claiming they brought the loan, still no paperwork. We filed bankruptcy chapter 13 and decided to sell the house. Premium Capital is trying to totally ignore the seven years we paid on the loan and have increased it from he principal amount of $25, 000 to $30,000. I would like to know Did Moneystore violate by not sending us paperwork telling us they sold the mortagage? Also, we need Premium Capital to acknowledge our seven years of payment. We currently live in Florida, but the transaction took place in Arizona. Please advise.


Asked on 4/23/04, 4:00 pm

1 Answer from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Second mortgage

Take care of it through your ch 13 proceeding. If need be retain counsel.

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Answered on 4/23/04, 9:12 pm


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