This very thing became an issue with Bank of America and Chase in Florida in 2008. Since then, it has been extremely difficult for banks to foreclose without the proper documents. If you are facing foreclosure, contact an attorney (or your local legal aid office) for help.
Yes. The bank could foreclose and take possession of the property subject to the first mortgage.
Not very likely
His estate will be responsible for the mortgage. Assuming the wife is not on the deed, if the mortgage isn't paid the bank will foreclose and take possession of the property covered by the mortgage. If the wife is on the deed and she consented to the mortgage the bank can foreclose. If she is on the deed and did not consent to the mortgage then the bank had a defective title and may not be able to foreclose.
yes, but it rarely happens.
Your request does not stop the foreclosure process.
Yes, if you are not making payments on your home, the bank can foreclose. Even if you are paying something, if you are not paying the amount agreed to in the loan modification or original contract, the bank can foreclose. If bankruptcy is active, they may need permission from the court but if payments are not being made in a timely fashion the court generally grants permission to foreclose. The moral of the story - make your payments or the bank can foreclose!
The bank will only take the home they foreclose.
Yes. The bank could foreclose and take possession of the property subject to the first mortgage.
yes
yes
Not very likely
No, if you ever hear of it, it is just a scare tactic that some debt collection agencies use. The only agency that can foreclose on your house is the bank or lending institution that holds your mortgage. And they can only foreclose if you are way behind in your payments.No, if you ever hear of it, it is just a scare tactic that some debt collection agencies use. The only agency that can foreclose on your house is the bank or lending institution that holds your mortgage. And they can only foreclose if you are way behind in your payments.No, if you ever hear of it, it is just a scare tactic that some debt collection agencies use. The only agency that can foreclose on your house is the bank or lending institution that holds your mortgage. And they can only foreclose if you are way behind in your payments.No, if you ever hear of it, it is just a scare tactic that some debt collection agencies use. The only agency that can foreclose on your house is the bank or lending institution that holds your mortgage. And they can only foreclose if you are way behind in your payments.No, if you ever hear of it, it is just a scare tactic that some debt collection agencies use. The only agency that can foreclose on your house is the bank or lending institution that holds your mortgage. And they can only foreclose if you are way behind in your payments.No, if you ever hear of it, it is just a scare tactic that some debt collection agencies use. The only agency that can foreclose on your house is the bank or lending institution that holds your mortgage. And they can only foreclose if you are way behind in your payments.No, if you ever hear of it, it is just a scare tactic that some debt collection agencies use. The only agency that can foreclose on your house is the bank or lending institution that holds your mortgage. And they can only foreclose if you are way behind in your payments.No, if you ever hear of it, it is just a scare tactic that some debt collection agencies use. The only agency that can foreclose on your house is the bank or lending institution that holds your mortgage. And they can only foreclose if you are way behind in your payments.No, if you ever hear of it, it is just a scare tactic that some debt collection agencies use. The only agency that can foreclose on your house is the bank or lending institution that holds your mortgage. And they can only foreclose if you are way behind in your payments.
if u live in a judicial state, the bank can come after you for the 2nd mortgage only. Fla is a judicial state, Va is not if the trustee (the person authorized to conduct the foreclosure) sells your condo via auction for less than the full amt of the loan, the bank cannot pursue a deficiency judgment also, check your original "note" on the mortgage and see if it is a recourse or non recourse loan . If you do not have the original note, request it from the lender. This is the one that has everyone's signatures including notary public. The with or without recourse will appear on the last page next to the signatures A non recourse loan will exempt you from personal liabilities, plus will prevent you from having to report the amt from the 1099C as taxable income.
His estate will be responsible for the mortgage. Assuming the wife is not on the deed, if the mortgage isn't paid the bank will foreclose and take possession of the property covered by the mortgage. If the wife is on the deed and she consented to the mortgage the bank can foreclose. If she is on the deed and did not consent to the mortgage then the bank had a defective title and may not be able to foreclose.
The bank that the mortgage Is through
Yes. They'll foreclosure against the estate.
no, not if it is a 1st mortgage. because of the mortgage tax relief act of 2007