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sunil87020 · Joined: 04 May 2009 Posts: 339 26.96 Dollars($)

I bought a house with a friend out of college 4 years ago. Since then we have refinanced the 2nd Mortgage under just his name due to credit score reasons at the time. I recently got married and we were able to get the 1st mortgage in both me and my wife's name, however, the 2nd mortgage carrier wouldn't allow me and my wife to "assume" the 2nd mortgage from my friend and release his name entirely. So we now have a 1st mortgage with me and my wife's name on it, and a 2nd mortgage with just my friend's name on it.
The question is: My friend now wants to move out, and we owe more than what the house is worth. Me and the wife plan on staying in the house, but due to a recent drop in pay we are unable to afford the 2nd mortgage that my friend currently pays. My friend has talked about just walking away because there is no reason for him to stay, and he doesn't care that it will affect his credit significantly. I'm assuming this will also affect me and my wife if he walks, but how? Does the 2nd Mortgage carrier then file for foreclosure and being we owe more on the house than it is worth would the 2nd mortgage carrier still buy out the first mortgage carrier and foreclose entirely? Should I have my friend try to negotiate with the 2nd mortgage carrier to lower the amount of $$$ owed? What do you suggest we do?

millerja9 · Joined: 19 Jun 2009 Posts: 100 0.00 Dollars($)

If the 2nd mortgage is secured by the home you are living in, and that mortgage goes into default, the lender can and probably will foreclose. My advice would be to talk with the 2nd mortgage lender, explain your situation and ask if they will modify the 2nd mortgage (reduce payment, balance or both) so you can stay in your home. You may want to consider legal advice.

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