Who’s on First?

 This 9700 Timothy Drive down in the Callahan Ranch area.  For the life of me, I can’t figure out who is in first loan position.  Can you?  And what ate the bungalow?

8/29/2002 – Property was purchased by the "current owner" for $1,100,000 with $1,050,000 owner financing (Thornton).  There is no record that this was ever paid off (more later).

9/30/2003 – In what appeared to be a refinance, a new loan of $973,000 was taken out.  This loan was reconveyed on 4/29/2005.  At the same time, a HELOC for $200,000 was taken out but has not been reconveyed.

4/15/2005 – The $973K loan was refinanced with a $1,495,000 loan with a construction rider, and an additional $322,000 HELOC was put in place.

4/11/2006 – Approximately $124,000 in surface water rights on the property were sold off.

1/14/2010 – NOD filed on the $1,495,000 loan based on a missed 9/1/2009 payment.

3/9/2010 – NOD filed on the $200,000 HELOC from 2003 based on a missed 9/1/2009 payment.

6/12/2010 – Thornton, the original owners reconveyed the original $1,050,000 loan to a new trust.

8/20/2010 – NOS refiled on the 2003 HELOC, $213,123 owing.

9/21/2010 – TD for $214,397.  But what position is this TD going to be in?

10/4/2010 – NOS filed on the $1,495,000 "first", with $1,625,984.87 owing.

1/25/2011 – NOS refiled with $1,625,984.87 owing.

1/25/2011 – NOS refiled, with $1,168,471.20 owing.

Here’s the listing history on the property from Zillow:

Price History

Date Description Price % Chg $/sqft Source
01/08/2011 Listed for sale * $1,242,000 $248 foreclosure.com
12/03/2010 Listing removed * $1,242,000 $248 Dickson Realty Inc.
10/14/2010 Listed for sale * $1,242,000 -11.0% $248 Dickson Realty Inc.
10/14/2010 Listing removed * foreclosure.com
10/02/2010 Listed for sale * foreclosure.com
09/28/2010 Listing removed * $1,395,000 $278 Dickson Realty Inc.
08/26/2010 Listed for sale * $1,395,000 -38.7% $278 Dickson Realty Inc.
06/10/2009 Listing removed * $2,275,000 $454 Luxury Real Estate
05/22/2009 Listed for sale * $2,275,000 $454 Luxury Real Estate
03/22/2009 Listing removed * $2,275,000 $454 SecondSpace
08/19/2008 Listed for sale * $2,275,000 107% $454 SecondSpace
08/29/2002 Sold $1,100,000 621% $219 Public Record
07/15/1999 Sold $152,500 -66.1% $30 Public Record
05/31/1995 Sold $450,000 $89 Public Record

Can you make any sense out of this one?  It sure looks to me that the original owners with their purchase money owner financing are still in the 1st position – their loan has never been reconveyed or paid off and they still seem to be in the game.   When you refi with a HELOC still in place, does it move into a superior position to the new loan?  Why the foreclosure on a loan that was way down the line?

1 comment

  1. inclinejj

    Could be that the recon was filed in the wrong county. Or it was never recorded.

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