Posted on: 10th Sep, 2009 10:52 pm
With Arizona Anti-deficiency laws, would I be protected from the 2nd mortgage lendor coming after us? We are soooo upside down in our home, that the 1st will only get $153k or so on the $300k we owe them, which puts the 2nd Lendor out the $40k we owe them. I'm in knots over the idea of having the 2nd lendor come after us when we walk away (which we will most likely have to do). I mean, I don't like the idea of a 7 year 'mark' like a foreclosure on my record but we've exhausted every possibility up to this point. Thank you.
hi guest,
as far as i know, in arizona a lender cannot come after you for the deficiency after foreclosure. thus, the second mortgage holder also cannot come after you for the losses they suffer due to the foreclosure. however, the anti-deficiency laws may not apply in all situations. you should consult a foreclosure attorney in your state to find out if you are protected under the anti-deficiency statutes.
however, if you walk away from the property, the first mortgage lender will foreclose on it. the foreclosure will stay on your credit for 7 long years and you will not be able to qualify for a new mortgage within the next 2-4 years. what options have you tried out? did you check if you qualify for a loan modification.
as far as i know, in arizona a lender cannot come after you for the deficiency after foreclosure. thus, the second mortgage holder also cannot come after you for the losses they suffer due to the foreclosure. however, the anti-deficiency laws may not apply in all situations. you should consult a foreclosure attorney in your state to find out if you are protected under the anti-deficiency statutes.
however, if you walk away from the property, the first mortgage lender will foreclose on it. the foreclosure will stay on your credit for 7 long years and you will not be able to qualify for a new mortgage within the next 2-4 years. what options have you tried out? did you check if you qualify for a loan modification.
Thank you Jenkin7. Yeah, we actually have been trying to sell our home for the last 2 years and our timing couldn't be worse. Then we tried to re-fi the 1st & 2nd and that couldn't happen because of the falling values. Then I tried doing a loan mod/make home affordable via our Lendor but they wouldn't take the 2nd Mortgage Lendor along for the ride (there is no program that includes the 2nd loan) but it didn't matter because they said I didn't qualify. Trust me, I don't want to walk away but it's like the house could/would be sold for 1/2 of what it's worth to "someone" else but they wouldn't do the same for me.
Our foreclosure was to be on 6/16. Our bankruptsy went thru end of Nov. We reaffirmed our car and 1st mortgage. Did not reaffirm with 2nd. The house value is much lower than both mortgages, and the sale (and appraisal) will only cover what the first is. B of A will not release the lean and is trying to force the foreclosure. Is this legal? Is there something that we can do?
Please help us - after 25 years of self employment, both my husband and I lost our businesses, our home we loved for 11 years and now we are separated.
Please help us - after 25 years of self employment, both my husband and I lost our businesses, our home we loved for 11 years and now we are separated.
Hi Susanne,
Though your mortgage was included in bankruptcy filing, the lender will hold the lien on the property and have the rights to foreclose it in order to recover the dues. You can re-open your bankruptcy filing and reaffirm your second mortgage and then pay off the dues. This will help you in saving the property.
Thanks
Though your mortgage was included in bankruptcy filing, the lender will hold the lien on the property and have the rights to foreclose it in order to recover the dues. You can re-open your bankruptcy filing and reaffirm your second mortgage and then pay off the dues. This will help you in saving the property.
Thanks