Could Zombie Foreclosure Happen To You? Don't Make This One Big Mistake
- Hundreds of thousands of homeowners with unpaid second mortgages from before the 2008 housing crisis might be at risk for zombie foreclosure.
- If a debt collector contacts you about unpaid second mortgage debt, ask for a debt validation letter and contact a lawyer.
- You could be protected by state and federal laws that may help you keep your home and reduce the amount of zombie mortgage debt that you owe.
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When most people talk about zombie debt, they’re usually talking about old credit card debt outside the statute of limitations (too old to be sued over). But another kind of zombie debt could be even more dangerous: old debt on home mortgages could lead to zombie foreclosure.
If you have ever had a home with a second mortgage that went into foreclosure, even if you thought the debt was canceled or forgiven, debt collectors could still come after you years later.
Let’s learn more about the zombie foreclosure problem, who might be at risk for zombie foreclosure, and how you can protect yourself.
What Is Zombie Foreclosure on Second Mortgages?
A recent investigation by Bloomberg found that 600,000 American homeowners might be at risk of zombie foreclosure on their homes because of second mortgages taken out in the years before the Great Financial Crisis of 2008.
When the economy went downhill and the housing market went into crisis during 2008, the homeowners then struggled to repay. Many homeowners managed to keep paying their first mortgage (and stayed in their homes), but couldn’t pay their second mortgages.
But since second mortgages don’t give lenders the same rights of foreclosure as first mortgages, some lenders didn’t bother trying to collect the overdue second mortgage debt. Some of the mortgage lenders even went out of business as part of the larger downturn in the financial industry during 2007-2009.
As a result, many of these unpaid second mortgages fell through the cracks. Homeowners often received letters from their second mortgage company telling them that their unpaid, overdue debt had been canceled. Many homeowners also received official tax documents called 1099-C forms, saying that the second mortgage debt was canceled. Hundreds of thousands of homeowners are still living in their homes even though, years ago, they couldn’t repay their second mortgage debt.
So why are old, canceled second mortgages becoming a problem today? Because just like with zombie credit card debt, some debt collectors are bringing those zombie mortgage debts back to life.
How Debt Collectors Cause Zombie Foreclosure
Having a debt canceled is not the same as debt forgiveness. Just because one lender has given up on trying to collect doesn’t mean you’re free forever. Debt collectors could bring your old unpaid second mortgage debt back to life in the same way as old unpaid credit card debt: by buying the debt from lenders for pennies on the dollar.
For example, one of the families mentioned in the Bloomberg report had failed to repay a second mortgage with an original balance of $98,000 but debt buyers purchased it for $2,131—only 2.2% of the original value.
After these zombie debt buyers purchase the old unpaid debts, they have a right to collect on the debt. (As long as they follow federal and state laws.) But they’re not just trying to collect the original balance on the second mortgage loan. They will often add years’ worth of back interest and fees.
The family with the $98,000 second mortgage got a letter from a debt collector saying that, after adding interest and fees, they now owed $200,000. Many of these zombie mortgage debt collectors threatened to foreclose on people’s homes, unless they came up with tens of thousands of dollars within 30 days.
Hearing from debt collectors is often stressful, especially when they’re threatening you with foreclosure over a second mortgage that you had forgotten about or thought was canceled. But if you do get warned about a possible foreclosure because of an unpaid second mortgage, try not to make one big mistake.
One Big Mistake That Can Lead to Zombie Foreclosure
The biggest mistake that many homeowners make when they’re facing zombie foreclosure is: signing the first documents that the debt collector puts in front of them, without calling a lawyer.
Debt collectors will try to pressure you, but don’t be in a rush. Don’t sign anything until you fully understand the situation. Ask for a debt validation letter and make sure that you really owe the debt.
Remember that if a debt collector contacts you about years-old unpaid zombie credit card debt, you still have rights and options. With zombie credit card debt, you might be able to:
Settle the debt for less than it’s worth
Work out a payment plan with the debt buyer
Go to court and show the judge that you don’t owe the debt or that the debt is “time barred,” or past the statute of limitations
Zombie credit card debt is unsecured, meaning it's not backed by collateral or something of value. At worst, the debt collectors could take you to court if the debt is within the statute of limitations, but they can’t take your home.
However, if a debt collector contacts you about zombie mortgage debt that’s secured by your home, there could be very serious consequences. If you don’t handle it the right way, you could lose your home.
What to Do to Fight Zombie Foreclosure
If you’ve received a scary-looking debt collection letter about an old second mortgage, don’t panic. Before you sign anything or make any promises to debt collectors, contact a lawyer who knows the foreclosure laws in your state. Depending on your state, zombie mortgage debt collectors might not be allowed to foreclose on your home for an unpaid second mortgage.
Also keep in mind that you might not actually owe the full amount that the zombie mortgage debt collectors say. That’s because state and federal laws put limits on how much back interest can be charged for old loans if the customer was not receiving regular statements from the lender, or based on the age of the loan. For example, instead of a $50,000 zombie mortgage, you might actually only owe $25,000—and you could work out a payment plan to settle the debt for even less than that amount.
Many people who are facing zombie foreclosure can still keep their homes and avoid big costs by talking to a lawyer first, before signing anything. Even if you owe zombie debt, you often have rights that could help you fight zombie debt collectors in court. You might not owe as much as they say or you might be protected by state laws. Start by talking to a lawyer to understand your options.
Author Information
Written by
Ben Gran
Ben Gran is a personal finance writer with years of experience in banking, investing and financial services. A graduate of Rice University, Ben has written financial education content for Business Insider, The Motley Fool, Forbes Advisor, Prudential, Lending Tree, fintech companies, and regional banks like First Horizon.
Reviewed by
Kimberly Rotter
Kimberly Rotter is a financial counselor and consumer credit expert who helps people with average or low incomes discover how to create wealth and opportunities. She’s a veteran writer and editor who has spent more than 30 years creating thousands of hours of educational content in every possible format.
Who can debt scavengers contact about zombie debt?
Debt collectors can only talk to you and your spouse about your finances. They may contact friends and family to ask how to get in touch with you, but they're breaking the law if they discuss your debt or ask for money.
How long does old debt last on my credit report?
Late payments and collection accounts can be reported on your credit history for seven years. If an older debt is reported after seven years, contact each credit bureau and ask them to remove it.
How long do debt collectors have to sue me?
The period during which you can be sued for an old debt, called the statute of limitations, depends on your state and the type of debt. In most places, it's between three and seven years. That means depending on where you live, a debt might linger on your credit reports longer than you can legally be sued for it.
Creditors might try to sue you anyway, even after the statute of limitations passes. If they do, you could ask the judge to throw out the case. That’s called using an affirmative defense.