- 3 - Petitioners apparently defaulted on their obligation to repay the loan according to the terms of the note. As a result, on December 13, 2000, foreclosure proceedings were initiated by Countrywide, and on August 29, 2002, the property was seized from petitioners pursuant to a writ of execution. On November 26, 2002, the property was sold for $80,500 to third-parties. At the time the foreclosure proceeding was initiated, the principal balance on the loan was $112,035. In accordance with Pennsylvania procedures in such matters, for purposes of the foreclosure proceeding, the property was valued pursuant to a Broker’s Price Opinion in a range from $90,000 to $100,000 depending upon the “marketing time”.2 Countrywide’s recovery on the note as a result of the foreclosure proceeding is not known. To the extent that it received less than petitioners owed, the company, although entitled to do so under Pennsylvania law, did not seek a deficiency judgment against petitioners. As Countrywide viewed the matter, following the foreclosure proceeding, petitioners owed the company $22,035, computed by subtracting the lower range of the Broker’s Price Opinion, that is $90,000 from the amount of principal on the loan then outstanding, that is $112,035. Because Countrywide did not seek a deficiency judgment against 2 The phrase “marketing time” as used in the valuation report is not familiar to the Court, and neither party offered an explanation as to what it means.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008