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The second mortgage is trying to foreclose

February 01, 2007

Missouri foreclosure

This is an actual comment from a client:

"The holder of the 2nd Mortgage is foreclosing. I recieved a letter from thier attorney stating such on 02/05/2007. Foreclosure will begin on 02/12/2007. I am in the military and can not respond in time."

most homeowners do not understand that the second mortgage can for close. For the second mortgage to foreclose they first must bind the first mortgage out. After that is done they can continue with the foreclosure in the normal matter but you will owe them both the first and second mortgage amounts.

Typically the reason a second mortgage will foreclose on a home is if there is a substantial amount of equity in the house. A lot of times they mistakenly do a drive-by appraisal where that appraised amount is vastly overstated. If they can be convinced that the equity in the house is just not there they will forgo the foreclosure. If they do not foreclose they will usually just write the loan off as a bad debt and close the file. However, they will still I lien on a house and if you ever try to sell it you will have to deal with them at that point.

This entry was:
Posted By Darin at 11:28 AM
Comments (11) | Categories: Second Mortgage, Missouri Foreclosure | Tags: second mortgage missouri
 

Comments

Our 2nd mortgage (Chase) is in foreclosure. I have been sending them money even though it is in foreclosure. I did not receive any written notice that they foreclosed. When I read my credit report, it simply states 'foreclosure/collateral'. It shows is foreclosed in 2006 and this is now 2007. What should I do?
Posted By Terry Williams on May 15, 2007 at 03:10 PM
Contact them immediately... typically they will only write the loan off as a bad debt. You need to find out what there intention is.

Contact the first Mortgage holder as well, find out if they still have the note.

Also, contact your county Court. They should have paperwork on a foreclosure.
Posted By Darin on May 15, 2007 at 03:39 PM
I have a home with a first and second mortgage, what happens to both of these loans when the home goes into foreclosure?
Posted By Richard Boarder on July 22, 2007 at 11:51 AM
15 months ago I moved to Atlanta and put my home in Ohio up for sale. The terrible job market in Ohio is what led to my move. I purchased a new home in Atlanta. By the grace of God I had been able to make both mortgage payments, the property taxes and all the other expenses that go along with maintaining a home for the last 15 months while waiting for it to sell. In 15 months we never received an offer. We had the house appraised and not totally surprised, the home appraised at $50,000 less than we paid for it just 2 years ago which explained why we never go an offer. We lowered the price to the appraisal price and received an offer the very next day. The problem is that the offer only covers most of the first mortgage. The second mortgage company will not agree to release the lien unless we pay them most of the deficiency balance which is about $63,000. They have offered that we can pay back 33K of the 63K money on a 15 year 0% interest loan. If I truly had the money I would but a 15 year loan would take me into my retirement years. We have told the second mortgage that the most we will do is 12K over 5 years and they have said no. We are now going to let the foreclosure proceedings begin. What can the second mortgage holder do to us?
Posted By Tom Lee on August 07, 2007 at 04:36 PM
an attorney holds a second lien on my building ( a note signed for 25,000) and wants to foreclose soon.
I have a 1st mortgage almost paid off..He claims the building is deteriating, however work is being done on the building
Also there is a tax lien on the building as well
Posted By donald Dale Moore on September 15, 2007 at 12:17 PM
I paid 60k for my house in 2000. I have a first mort of 58k and a second mort. of 43k (which i have not paid on since filing bankruptcy in 2003). The house has an appraised value for tax purposes of 75k. The 2nd mort. is now threatening foreclosure and I have not responded to them at all. I know that legally they can foreclose but my question is why would they. I doubt that the house would sell for more then 50k at an auction so they would not get anything. Do you think this is a last attempt to get me to pay something before they write off the loan?
Posted By paul bonfiglio on October 16, 2007 at 09:14 AM
My home has been foreclosed on with the first mortgage company whom was Countrywide. My second I have been paying on. What would the second mortgage company do if I were to stop paying?
Posted By Judith on December 07, 2007 at 11:56 AM
I hold a 2nd on a house and the owner has never made one payment towards the 2nd. Can I for close on the owner. the house is located in va
Posted By tara shipman on December 26, 2007 at 03:50 AM
I am sorry but we offer no assistance or advice to anyone that is foreclosing. Please seek the advice from a Real Estate attorney.
Posted By Darin on December 26, 2007 at 10:03 AM
We have a first and second loan. As of now we owe 150k more then it is worth. Obviously, we are not able to refinance. I was told our second mortgage is not able to foreclose us as long as we are current with the first. Is this true????
Posted By Yvette Flores on April 15, 2008 at 02:26 PM
I am current on my 1st mortgage. I have not paid the 2nd mortgage for 7-8 months now. My 1st mortgage balance is $252,000. The 2nd mortgage balance is $35,000. The market is crashed right now and I do not think my home is worth $289,000 anymore. CAN THE 2ND MTG FORECLOSE ON MY HOME? I have recieved phone calls stating that they will foreclose on my property. PLEASE HELP WITH SOME ANSWERS....
Posted By v on May 16, 2008 at 09:27 AM

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