Posted on: 16th Mar, 2010 06:11 pm
If a second lien holder forecloses on a property and there aren't enough funds to satisfy the first lien, does the first still have any legal interest in the property? Say a home has a $150k first lien and it sells for $95k, does the new owner get it free and clear? Does the first have any recourse beyond a deficiency judgment?
Hi mcmanneke,
The first lender's interest would always get priority as the second loan will be considered as subordinate to it. If the second lender forecloses the property, then it will have to satisfy the dues of the first loan. Thus, if there is a deficient balance, then you need to clear it off or else the lender may place a lien on your other properties.
The first lender's interest would always get priority as the second loan will be considered as subordinate to it. If the second lender forecloses the property, then it will have to satisfy the dues of the first loan. Thus, if there is a deficient balance, then you need to clear it off or else the lender may place a lien on your other properties.
Thanks for the response. The lender would go after the borrower (maybe) for the balance, but the new property owner would have it free and clear, right?
I'm looking at this as a buyer. If a second forecloses and I can buy it cheap, I want to make sure I own it free and clear. I want to ensure that the first gets 'wiped out' and doesn't have some residual interest in the property.
I'm looking at this as a buyer. If a second forecloses and I can buy it cheap, I want to make sure I own it free and clear. I want to ensure that the first gets 'wiped out' and doesn't have some residual interest in the property.
The second lien holder takes title subject to the first lien. Thus, the first lien stays on the property on a second lien foreclosure.
Jheard:
Are you saying that, if the second forecloses and it's sold at auction to a third party, the third party is buying a property with the first lien intact? All sales proceeds go to the first.
At what point would the first lien get wiped out or would it need to be paid in full?
Example: $100k first, $20k second.
The second forecloses and sells for $50k to a third party. The $50k goes to the first. Does the third party now have a $50k lien on their property? I thought the third party got it free and clear.
Are you saying that, if the second forecloses and it's sold at auction to a third party, the third party is buying a property with the first lien intact? All sales proceeds go to the first.
At what point would the first lien get wiped out or would it need to be paid in full?
Example: $100k first, $20k second.
The second forecloses and sells for $50k to a third party. The $50k goes to the first. Does the third party now have a $50k lien on their property? I thought the third party got it free and clear.
hi junior!
welcome to forums!
the lender will hold the lien on the property though it is sold off. if the lien is not satisfied, then the third party will not get the property free and clear. if the second mortgage lender forecloses the property, then the balance amount of the first lender would be satisfied. if there is an excess amount, then it would go towards the second loan.
feel free to ask if you've further queries.
sussane
welcome to forums!
the lender will hold the lien on the property though it is sold off. if the lien is not satisfied, then the third party will not get the property free and clear. if the second mortgage lender forecloses the property, then the balance amount of the first lender would be satisfied. if there is an excess amount, then it would go towards the second loan.
feel free to ask if you've further queries.
sussane
Thanks Sussane. So to be clear:
100k first, 20k second
The second foreclosure and the property sells for 60k to a third party. The 60k goes towards the first, and the third party owns the property with a 40k lien (remaining balance on the first) and the second is wiped out because it foreclosed.
Is that correct? If so, I assume the third party needs to service the outstanding balance of 40k but it amortizes based on the original principal, interest rate, etc.
Thank you in advance.
100k first, 20k second
The second foreclosure and the property sells for 60k to a third party. The 60k goes towards the first, and the third party owns the property with a 40k lien (remaining balance on the first) and the second is wiped out because it foreclosed.
Is that correct? If so, I assume the third party needs to service the outstanding balance of 40k but it amortizes based on the original principal, interest rate, etc.
Thank you in advance.
Welcome back Junior,
The second mortgage will not get wiped out. Either the original borrower or the new owner of the property will have to clear it off.
The second mortgage will not get wiped out. Either the original borrower or the new owner of the property will have to clear it off.
not paying the 2nd home equity, 1 mortgage is 200,000 2nd is 50 the house is only work 150,000 are you saying the 2nd can fourclouse?
The second lender has the rights to foreclose the property. However, they generally do not do so as they will have to satisfy the debts of the first lender. In most cases, the second lender will simply charge off the loan and a collection agency will collect the dues from you.
Hello,
If the a third party buys the 1st lien and the home has a second lien, does buying the first loan rid the second and perhaps third lien? (in a trustee sale)
Thanks
If the a third party buys the 1st lien and the home has a second lien, does buying the first loan rid the second and perhaps third lien? (in a trustee sale)
Thanks
Welcome Abraham,
Though the third party buys the first lien, the property would still have the second lien on it. You would be liable for paying the second lien as well. If the second lien is not paid off, then the lender can charge off the dues and assign it to a collection agency who can harass you for the payments.
Though the third party buys the first lien, the property would still have the second lien on it. You would be liable for paying the second lien as well. If the second lien is not paid off, then the lender can charge off the dues and assign it to a collection agency who can harass you for the payments.
If a 2nd doesn't chose to foreclose and says it will charge off -- what are the reference to dues? Will the CA then work with you to reduce the payments? I am separated pending divorce and can't pay the 2nd; I can pay the 1st but the 2nd is threatening charge off -- i am not sure what that means....
Hi Guest,
If the second mortgage lender has charged off the mortgage, then he won't negotiate with you regarding the loan. You will have to negotiate with the collection agency so that they can reduce your payments and give you an affordable payment plan to pay off the balance. However, it would be the collection agency's discretion whether or not it would reduce your dues.
Thanks
If the second mortgage lender has charged off the mortgage, then he won't negotiate with you regarding the loan. You will have to negotiate with the collection agency so that they can reduce your payments and give you an affordable payment plan to pay off the balance. However, it would be the collection agency's discretion whether or not it would reduce your dues.
Thanks
K we have two mortgages on our house we are negotiating with the first lien holder we got papers from our second lien holder for foreclosure. What do we do? Do we contact the second lien holder and talk to them or do we contact a lawyer? I lost
Welcome Guest,
You should contact your second mortgage lender immediately and try to get a loan modification. If your second mortgage lender agrees to it, then it will help you in saving the property from foreclosure.
You should contact your second mortgage lender immediately and try to get a loan modification. If your second mortgage lender agrees to it, then it will help you in saving the property from foreclosure.