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mgibbs · Joined: 13 Sep 2007 Posts: 1 1.50 Dollars($)

My 1st Mortgage is sched to be sold in Foreclosure sale on Oct. 11. My 2nd Mortgage is paid up to date. What should I do?

Posted: Thu Sep 13, 2007 8:32 pm Post subject:

Hi Mgibbs,

After foreclosure, you can be sued by the second mortgage lender.

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi Mgibbs,

In the situation of foreclosure on the first mortgage, many things can happen:

1) After foreclosure on the first mortgage, the second mortgage lender can file a civil judgment against you in the court. He can also garnish your income.

2) After the first mortgage lender gets their money through foreclosure, if anything remains, that will go to the second mortgage lender. But he can seek a deficiency judgment for the remaining amount of the loan.

3) If the second mortgage lender wants to recover his interest in the property, he can bid for the property at the time of foreclosure sale.

4) Even after the sale is over, if the second mortgage lender pays off the required amount of money to the first mortgage lender at the period of redemption, then the former can get back the property.

livinginnky · Posted: Fri Sep 14, 2007 3:53 pm Post subject:

Also note that if the 2nd decides to take the loss you will incur it as income and get a 1099 next year.

You should sell. If you owe more than the house is worth try to get the 2nd to accept a lowered pay off. No use really negotiating with the 1st but a lot of times the 2nd will take pennies on the dollar rather than get nothing. But again you may incur the difference as income and be taxed on it.

Guest

Thanks everyone for the responses.

Is it worth it to try and come up with the amount owed in order to avoid the sale?

Guest

Hi Mary,

It is always worthy to come up with the required amount owed and repay it to the lender. This will help you to avoid the sale of your house. But, for the amount to be paid, you must make sure that you have the necessary fund.

livinginnky · Posted: Sat Sep 15, 2007 4:51 pm Post subject:

Only you can decide if it is worth it to save it.

Be very careful however if you consider a foreclosure bailout company. As a lot of times they will scam a person just to try and make a quick buck off your misfortune. If they can't then they are out nothing and you still lose your home.

Guest

You can not forclose on both loans? What do people do that are facing forclosure with 80/10 or 80/20 loans?

Caron

Hi Rich,

Welcome to our forums.

It is true that one cannot go through foreclosure on both loans simultaneously. Now, if the first loan is in foreclosure, then the second lender will not be paid through the sale until and unless the first lender gets back his part of the loan balance. The remaining sale proceeds should go to the second lender.

Now, if the sale proceeds aren't enough, then the second lender will either demand the money and the borrower has to pay him. Or else, he can seek a judgment also to recover the unpaid part.

Alternatively the second lender can also do a charge-off on the loan implying that he forgives the debt and will not collect payments any more. But tell me more about your situation. Then I'll be able to give you a better suggestion.

Good luck Smile

Guest

I have an 80/20 I can dump my home for enough to cover the first mortgage but I will be about 60,000 short on a 100,000 second with the bank. What can I do?

adonis · Posted: Mon Oct 08, 2007 12:39 am Post subject:

Welcome William,

Talk to your second mortgage lender and see if they agree on an alternative repayment plan where you can make payments lower than what you're managing now on a monthly basis.

Guest

First mortgage foreclosed for $212K second mortgage of $321k served and received final judgement for civil suit. Home was auctioned and was given back to first mortgage company. What will happen now? Will the second mortgage garnish wages? It'll take them over 50 years to get their money back.

jameshogg · Posted: Tue May 25, 2010 10:40 pm Post subject:

Hi Silvia,

The second mortgage company will be able to garnish your wages provided if they get a judgment against you from the court. You can even negotiate with your second mortgage lender and check out if he can forgive the dues or give you a payment plan to pay off the mortgage.

Thanks

Guest

I am keeping up 80 portion of loan however will be 90 days behind on the 20 portion. Dealing with 2 different banks. Can they take my home if I dont pay the 20 portion of my 80/20

jameshogg · Posted: Fri Nov 19, 2010 11:10 pm Post subject:

Hi Guest,

If you don't pay off the second mortgage, then the lender has the rights to foreclose the property to recover his dues.

Thanks

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What will happen to my 2nd Mortgage if my 1st goes for Forec