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2nd Mortgage Lender Rights

Posted on: 23rd Apr, 2009 02:55 pm
Hi, I am currently going through divorce and I am being awarded the family residence which has a 1st and 2nd mortage. I will be able to catch up the 1st mortgage, but the 2nd is severly behind (almost 9 months). What rights does the 2nd mortgage lender have if I continue not making the payments?
Thanks!
I believe they have the right to foreclose.
Posted on: 23rd Apr, 2009 05:57 pm
hi lola,

if you continue making payments towards the first mortgage, it is unliely that the second mortgage holder will foreclose on the property because they hold a second lien position and if the house is foreclosed they will be paid only after satisfying the first loan. thus it would not be a very profitable deal for the second lender to foreclose. they can however, sue you or place lien on your property.
Posted on: 23rd Apr, 2009 10:35 pm
Ffirst mortgage would get paid off first, and then any funds remaining would be used to pay off any second mortgages.For this reason, second mortgages typically carry a higher rate of interest.

For future benefit you should pay second mortage.

Thanks
Posted on: 21st May, 2009 08:20 am
Have spoken to your lenders and asked for a loan modification program.

Probably yoru situation may justify this.
Posted on: 22nd May, 2009 07:52 pm
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