Mortgage

Question: What happens to the first mortgage if a junior lender forecloses and sells the house at auction?

When a junior lienholder forecloses, a senior lienholder recovers nothing from the sale proceeds. But the senior lien remains intact and the foreclosure buyer takes title to the property subject to the senior lien.

What happens to first mortgage when second mortgage forecloses?

The lender holding a second mortgage necessarily must have provided the mortgage loan after the property owner already took out a first mortgage loan. Because the first mortgage loan was first in time, it is also first in right, which means foreclosure on the second mortgage loan will not extinguish the first mortgage.

What happens when second mortgage forecloses?

So, if the second-mortgage holder foreclosed, the foreclosure sale proceeds wouldn’t be sufficient to pay anything to that lender. … That’s because all the money from the foreclosure sale would go to the senior lender. But the second-mortgage lender could still sue you personally for repayment of the loan.

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Can a junior lender foreclose?

However, a junior lienholder is still capable of foreclosing out junior lienholders without the necessity of the senior lienholder being party to the action because foreclosure of those junior lienholders has no effect on the senior lienholder’s rights to the property.

What happens when a mortgage company forecloses?

Foreclosure means that your mortgage lender can legally repossess your house due to nonpayment. They can then sell your house to help repay the debt you owe on it. This is true whether you are behind on your first or second mortgage.

Can my second mortgage be forgiven?

Your second lender may voluntarily forgive your second mortgage, including a home equity line of credit or home equity loan. … Even if your lender lets you off the hook for the second mortgage, you may face an increased tax liability because the IRS treats certain cancelled mortgages as income.

Can a 2nd mortgage be charged off?

Not at all. You are still expected to pay it off with one possible exception: bankruptcy. The only thing that changes in a charged-off second mortgage is the status of the loan. … If you were foreclosed on by your first lender, the second mortgage is no longer secured by the house.

How can I get rid of my second mortgage?

Filing for bankruptcy can eliminate your second mortgage debt. If an appraiser determines the value of your home is less than your first mortgage, or is upside down, Chapter 13 lien stripping may be possible. The bankruptcy court essentially converts your second mortgage into an unsecured debt.

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Can a second mortgage be used as a security instrument?

Second deeds of trust are typical in California for two reasons. First, California home loans usually utilize deeds of trust rather than mortgages as security instruments because California is a non-judicial state. Non-judicial states do not require court permission for lenders to foreclose.

How do you negotiate a 2nd mortgage settlement?

  1. Contact the lender to discuss the debt. Begin the settlement process by expressing an interest in paying the debt.
  2. Make an offer.
  3. Remind the lender you know your rights.
  4. Put any agreement in writing.

What happens when a junior mortgage forecloses?

When a junior lienholder forecloses, a senior lienholder recovers nothing from the sale proceeds. But the senior lien remains intact and the foreclosure buyer takes title to the property subject to the senior lien.

Can a second mortgage holder force a foreclosure?

A second-mortgage holder can initiate foreclosure proceedings even if the first mortgage is not behind on payments. The second-mortgage lender must still take all the necessary steps in the foreclosure process, and must also notify the first lender of the intention to foreclose on the property.

What is a junior lien holder?

Many people carry second mortgages or Home Equity Lines of Credit (also called HELOCs) on their homes. The holders of these secondary liens are referred to as “junior lien holders,” because they are junior to the first existing mortgage.

What is the waiting period for someone who has had a foreclosure before they can buy another home?

Waiting out the clock Many lenders require a minimum waiting period after a foreclosure before you can apply for a new mortgage loan: three years for FHA loans. seven years for Fannie Mae/Freddie Mac loans. two years for Veterans Affairs loans.

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Can a mortgage company refuse payment?

Mortgage lenders don’t refuse payments from borrowers in good account standing. If you can’t convince your mortgage lender to accept payments from you, and your loan is in danger of default, you may need to speak with a qualified attorney to discuss your options.

Can bank go after other assets in foreclosure?

With a recourse loan, your lender can take you to court and obtain a deficiency judgment to settle any residual balance on your home loan. Depending on your state’s laws, your lender may have the legal right to garnish your bank accounts and other financial assets.

How do I settle my second mortgage after Chapter 7?

  1. Contact your second mortgage lender to discuss the debt.
  2. Make an offer to your second mortgage lender.
  3. Remind your second mortgage lender that you know your rights.
  4. Put your agreement in writing.

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