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What can a lender do when the second mortgage is not paid in full due to foreclosure?
Wiki User
∙ 15y ago
Assuming that the FIRST mortgage was foreclosed, a foreclosure wipes out any mortgages that were recorded after the foreclosed mortgage.
Wiki User
∙ 15y ago
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What will happen if you tear a structure down with a mortgage?
You would still be responsible for paying off the mortgage. It is likely that you will have breached your mortgage agreement. The lender may be able to demand immediate payment in full. If you fail to pay, the lender can take possession of the property by foreclosure. The lender could sue you for any deficiency that exists after the property is sold.You would still be responsible for paying off the mortgage. It is likely that you will have breached your mortgage agreement. The lender may be able to demand immediate payment in full. If you fail to pay, the lender can take possession of the property by foreclosure. The lender could sue you for any deficiency that exists after the property is sold.You would still be responsible for paying off the mortgage. It is likely that you will have breached your mortgage agreement. The lender may be able to demand immediate payment in full. If you fail to pay, the lender can take possession of the property by foreclosure. The lender could sue you for any deficiency that exists after the property is sold.You would still be responsible for paying off the mortgage. It is likely that you will have breached your mortgage agreement. The lender may be able to demand immediate payment in full. If you fail to pay, the lender can take possession of the property by foreclosure. The lender could sue you for any deficiency that exists after the property is sold.
I am not on the 1st mortgage loan but I co-signed a loan for the second mortgage The 1st mortgage lender is foreclosing If I stay current on the second will my credit show a foreclosure?
the second mortgage is based on the house as collateral. If the house is gone, the bill is due. It is not an unsecured line of credit. When the house goes the 2nd has to be paid in full or it will count against you. The only way around this is to get another line of credit/cash somewhere and pay it in full.
How does no homeowner's insurance affect mortgage?
Generally: First, failure to carry homeowner's insurance is likely a breach of the mortgage. If the lender discovers your property is uninsured it can call in the full amount of the loan immediately. If you can't pay it, the lender may be able to take possession of the property by foreclosure. Second, if your house burns down you will not have coverage for the damage and will still owe the full amount of the mortgage. The lender may also sue for breach of contract and place you deeper in debt.
Does a quitclaim affect the mortgage?
Yes. Most mortgages have a due on transfer clause. It is meant to protect the lender. It provides that if there is any transfer of ownership, such as by a quitclaim deed, the lender can demand that the full balance of the mortgage be paid immediately. If the transfer goes unnoticed for a time, the property transfers subject to the mortgage and full payment will be demanded when the lender is notified. If the mortgage isn't paid the lender will take possession of the property by foreclosure.Yes. Most mortgages have a due on transfer clause. It is meant to protect the lender. It provides that if there is any transfer of ownership, such as by a quitclaim deed, the lender can demand that the full balance of the mortgage be paid immediately. If the transfer goes unnoticed for a time, the property transfers subject to the mortgage and full payment will be demanded when the lender is notified. If the mortgage isn't paid the lender will take possession of the property by foreclosure.Yes. Most mortgages have a due on transfer clause. It is meant to protect the lender. It provides that if there is any transfer of ownership, such as by a quitclaim deed, the lender can demand that the full balance of the mortgage be paid immediately. If the transfer goes unnoticed for a time, the property transfers subject to the mortgage and full payment will be demanded when the lender is notified. If the mortgage isn't paid the lender will take possession of the property by foreclosure.Yes. Most mortgages have a due on transfer clause. It is meant to protect the lender. It provides that if there is any transfer of ownership, such as by a quitclaim deed, the lender can demand that the full balance of the mortgage be paid immediately. If the transfer goes unnoticed for a time, the property transfers subject to the mortgage and full payment will be demanded when the lender is notified. If the mortgage isn't paid the lender will take possession of the property by foreclosure.
Can a joint mortgage be renewed by one person?
A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.A mortgage must be signed by all the owners of the property. One co-owner cannot mortgage the property because the lender needs to have the right to take the property by foreclosure in case of a default. If all the owners didn't sign the mortgage the bank cannot take full possession of the property.
If 1st mortgage is forclosed on and 2nd mortgage doesn't get any money can they sue for the balance?
Yes. The mortgage exists as collateral for the second mortgage loan. If the second mortgage loan is not satisfied at the foreclosure sale, the second mortgage lender merely loses the collateral but not the loan and it can sue the now former homeowner for the unpaid balance. This is no different than if there is insufficient money from the sale to pay the first mortgage holder in full. The first mortgage hold can file a lawsuit later to recover the deficiency between the actual loan amount and all credits the homeowner is entitled to receive.
If you have a second mortgage but your first mortgage was foreclosed on do you still have to pay back the second or would it be rolled into the first mortgage?
Once the primary mortgage forecloses and the property is sold at auction, the 2nd mortgage becomes just another unsecured debt. If the 2nd lender received no funds from the sale of the property, then you ARE liable for the full balance of the 2nd mortgage - plus interest when it goes delinquent. Use care, this will differ depending on the state, but it's not uncommon for the 2nd mortgage note holder to use any means necessary to get back their loan amount, including foreclosure. Often a second mortgage note holder will attempt to purchase the primary note. One potential issue can play out as follows: * A homeowner finds themselves in financial trouble. * They successfully negotiate a payment plan with their primary lender, but remain in default against their second mortgage loan. * The second lien holder then purchases the primary mortgage (which is still in good standing) and forecloses. * Homeowner finds themselves losing their home to the 2nd mortgage lender.
Can a second mortgage put a lien on a home that is not foreclosed but I owned as a primary home however since foreclosure the first mortgage was paid its full amount and the second mortgage nothing?
A second mortgage already has a lien on the home. If you don't pay the second mortgage they will foreclose and take the home. By paying off the first mortgage you just make it easier for the bank to get their money back out of the property when they sell it.
Can my mortgage lender refuse a payment because it is not for the full amount owed?
i am two months behind on my mortgage. can the lender refuse to take one payment?
What should you receive from lender when you pay off your mortgage?
A letter of release stating that the mortgage is paid in full.
Does a quitclaim deed relieve a person of the debt on the mortgage?
Of course not. If the person signed a mortgage they will be responsible for paying the mortgage until it is paid in full. The mortgage is a contract with the lender.You should not transfer property that is encumbered by a mortgage. Mortgages contain a due on transfer clause. That means if there is a transfer of ownership the lender can demand payment in full immediately. If the mortgage isn't paid the lender will foreclose and additions expenses and costs will be added to the amount due.Of course not. If the person signed a mortgage they will be responsible for paying the mortgage until it is paid in full. The mortgage is a contract with the lender.You should not transfer property that is encumbered by a mortgage. Mortgages contain a due on transfer clause. That means if there is a transfer of ownership the lender can demand payment in full immediately. If the mortgage isn't paid the lender will foreclose and additions expenses and costs will be added to the amount due.Of course not. If the person signed a mortgage they will be responsible for paying the mortgage until it is paid in full. The mortgage is a contract with the lender.You should not transfer property that is encumbered by a mortgage. Mortgages contain a due on transfer clause. That means if there is a transfer of ownership the lender can demand payment in full immediately. If the mortgage isn't paid the lender will foreclose and additions expenses and costs will be added to the amount due.Of course not. If the person signed a mortgage they will be responsible for paying the mortgage until it is paid in full. The mortgage is a contract with the lender.You should not transfer property that is encumbered by a mortgage. Mortgages contain a due on transfer clause. That means if there is a transfer of ownership the lender can demand payment in full immediately. If the mortgage isn't paid the lender will foreclose and additions expenses and costs will be added to the amount due.
If the holder of second trust deed forecloses first does it have to pay off the full amount owed to the first trust deed?
If the holder of the second mortgage, or deed of trust, forecloses, that lender takes the property subject to the first mortgage or deed of trust.
