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Can 2nd mortgage company sue after foreclosure on first?

Posted on: 15th Sep, 2008 04:27 pm
I had a first and a second mortage on my house which went into forclosure. the first got their money. The second is coming after me for theirs. Can they sue me? Can they put a lein on other property that I own? I got a written letter from an attorney that the 2nd mortgage company retained stating that the amount due must be paid in 30 days or there would be further legal action. What can they do to me??
Hi mindg,

The collection agency may come after you before the property is sold. But they would probably not take any legal action against you before the foreclosure process is complete. You should negotiate with them and come to a mutual settlement to avoid any legal action against you.


Posted on: 14th May, 2009 07:05 am
Bankruptcy filing is pending. My 1st mortgage is $240,000 and my 2nd mortgage is $30,000 and my house per Zillow is worth about $130,000. I have been advised to pay on the 1st but not the 2nd. Since the 2nd mortgage holder would get no money by forecloure/sale, would it make sense for the 2nd to try to foreclose?
Posted on: 11th Jul, 2009 03:42 pm
hi steve,

it is unlikely that the second mortgage holder will foreclose on your property. as long as you keep paying the first mortgage, you have least chance of your property getting foeclosed by the second mortgage company. however, they can sue you if you do not pay them and can get a judgment against you.
Posted on: 14th Jul, 2009 04:25 am
I walked away from my home a year ago. I am living pay check to pay check. The bank has sold my home. Yesterday, i received a letter saying they want us to pay the 2nd mortgage for 100k. I don't want to do a bankruptsy, should I make arrangements to do a settlement with them, or take my chances that they will come after me with a judgement, since I really don't have any assets.
Posted on: 24th Sep, 2009 02:37 pm
It would be better if you could settle your debts with the lender. You can inform the lender about your financial situation and check out if he can forgive your debts.
Posted on: 25th Sep, 2009 02:56 am
Im working with Bank of America for the 1st mortgage which should be a loan remod they say in november. I have also stopped paying the second mortgage as I wasnt sure how the first would go, if they take the loan mod or not... If I do get a loan remodification on the first, what should I do about the second? I was trying to do the right thing but I owe $350K on a condo that was worth $400K but now is worth $148K. I have since called second mortgage company and asking for a cash settlment.what is a realistic cash offer on $90K? offer?
Posted on: 28th Oct, 2009 02:34 pm
Hi Michael,

The second mortgage holder holds a lien on the property and he has the right to foreclose on the property. If you do not make payments towards the second mortgage, the lender can start foreclosure proceedings against your property. As long as there is a lien on the property and the lender thinks he can recover the debt from you, he may not accept a cash settlement offer. However, it is worth a try. Have you talked with the second lender regarding this? Is he willing to accept a loan modification?
Posted on: 30th Oct, 2009 02:56 am
can a second mortgage garnish your wages if home is foreclosed on in minnesota? also if the second mortgage is with the bank i bank at can they amount out my account?
Posted on: 13th Nov, 2009 03:32 pm
Hi shari,

Second mortgage lender can garnish your wages if you do not pay off the loan. You are legally responsible to pay off the second mortgage and the second lender has the right to sue you for non-payment of loan. The bank cannot take out money from your account. If they want to take money out of your account to satisfy the second mortgage, they need to get a judgment from court.
Posted on: 17th Nov, 2009 11:20 pm
my house has been forclosed and now second mortgage sued me what sould i do now.
Posted on: 08th Jan, 2010 11:48 pm
You'll have to pay off the second mortgage dues. Though your first lender foreclosed the property, the sale must not have satisfied the dues of the second lender. Thus, the lender has sued you for the debts. You should negotiate with your lender and try to pay it off.
Posted on: 09th Jan, 2010 02:20 am
I recently went to a modification specialist and the told me not to pay on my second loan and that after a year they would discharge the loan and i would have to pay taxes on it. Is this true?
Posted on: 26th Feb, 2010 02:07 pm
Hi Rosa,

If you do not pay the second mortgage, the lender may discharge the loan. But given your particular situation, the lender may foreclose your property to satisfy the mortgage lien. In case they charge it off and cancels the debt, you may have to pay taxes on the cancelled debt. However, if you use the property as your primary residence and if the debt is discharged before 2012, you can claim exemption from paying taxes on the forgiven debt amount.
Posted on: 26th Feb, 2010 10:13 pm
I bought a house on Sheriff sale auction and send email to county tresurer requesting to provide any lien against this house and if I'm legally responsible, Country replied about two unpaid utility liens and I paid them off. After 20 months, I found there is Tax sale lien which has been doubled with interest. Then found there is 2nd mortgage unpaid.

Can I sue country treasurer for not providing liens info correctly?

Am I responsible to pay off 2nd Mortgage loan which was taken by last owner? Will 2nd Mortgage bank foreclose my house? If Yes then will I be a party when they proceed foreclosing? I got the deed from sheriff office 20 month ago. Question why Bank staying dead silent? No any information about the loan....It was advertized and got foreclosed from the judgement on 1st Mortgage. What could be safe process to defend my property? I'm unemployed over a year and this is what I got.
Posted on: 02nd Mar, 2010 01:24 pm
Hi New,

You may not be able to sue the county treasurer for the lien information. When you bid for a property and purchase it at an auction, you actually agree to take on the responsibility of the property along with the liens on it. Thus, it is important for any buyer to research properly regarding the liens on the property before bidding for it. Im not sure if you can sue the county treasurer for not providing proper information about the liens on the property. You can consult a lawyer as he is the best person to help in this regard.

As far as the second mortgage is concerned, I do not think you are responsible for it in any way. You did not sign on the mortgage note and you are under no obligation to repay it. The house has already been foreclosed and sold. So, the second mortgage is not longer secured by the collateral. The lender cannot foreclose on the property as it now belongs to you.


Posted on: 03rd Mar, 2010 02:09 am
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