is there a law on how long the 2nd has to seek deficiency judgment?
I am in Utah. I had a foreclosure sale complete 3/2002. A deficiency judgment was never sought the 1st and 2nd was the same lender, the screen print for the 2nd shows written off foreclosure. they sold the defaulted loan in 2005 and now that company starting 2007 is trying to collect starting on it and get a judgement. As far as i can tell the statute in Utah is 6 years for a note. They are trying to get a judgement based on the monthly installments that would be owing and saying they wont ask for any installments that are past the 6 year statute. Can they do that? They claim they OWN the debt now that they are the creditor. I can’t find in the law that references installments in the Utah code. I am reading that a mortgage isn’t consumer debt in the Utah code? please help