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The homeowners and lender sign a note and a Mortgage or Deed of Trust to create a security interest in the real estate. The right to foreclose in the case of a default is set forth in the mortgage clause entitled "Power of Sale".

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10y ago

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What happens if you can't pay your second mortgage?

The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.


Is potassium a lender or borrower?

lender


What happens if a co-signer on a mortgage dies?

If a co-signer on a mortgage dies, the responsibility for the mortgage typically falls solely on the remaining borrower. The lender may require the remaining borrower to refinance the loan in their name or find a new co-signer. If the mortgage is not paid, the lender could foreclose on the property.


What happens when a borrower doesn't pay back a mortgage loan?

The lender can foreclose the mortgage and sell the house to recoup its losses. You would lose the house. Your credit rating will plummet.


Can a first mortgage foreclose with a second?

Yes. The second is subordinate to the first mortgage and therefore is at greater risk. If equity exists, the 2nd mortgage holder may receive payment for the debt when a senior lender forecloses. If there is not, then their lien on the property is wiped out and they must pursue the borrower in another fashion (such as a lawsuit). If the 2nd mortgage lender does not want the 1st lender to foreclose, they may choose to pay the 1st mortgage current before the foreclosure proceeds and attempt to collect or foreclose themselves.

Related Questions

What are the forclosure laws in pennsylvania?

In Pennsylvania, the lender must send a notice of intent to foreclose to the borrower before any foreclosure.


What is ordinary time in simple interest?

Any time that the borrower and lender agree to.Any time that the borrower and lender agree to.Any time that the borrower and lender agree to.Any time that the borrower and lender agree to.


What happens if you can't pay your second mortgage?

The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.The lender can foreclose and take possession of your property subject to the first mortgage.


Is potassium a lender or borrower?

lender


What happens if a co-signer on a mortgage dies?

If a co-signer on a mortgage dies, the responsibility for the mortgage typically falls solely on the remaining borrower. The lender may require the remaining borrower to refinance the loan in their name or find a new co-signer. If the mortgage is not paid, the lender could foreclose on the property.


What happens when a borrower doesn't pay back a mortgage loan?

The lender can foreclose the mortgage and sell the house to recoup its losses. You would lose the house. Your credit rating will plummet.


Can a first mortgage foreclose with a second?

Yes. The second is subordinate to the first mortgage and therefore is at greater risk. If equity exists, the 2nd mortgage holder may receive payment for the debt when a senior lender forecloses. If there is not, then their lien on the property is wiped out and they must pursue the borrower in another fashion (such as a lawsuit). If the 2nd mortgage lender does not want the 1st lender to foreclose, they may choose to pay the 1st mortgage current before the foreclosure proceeds and attempt to collect or foreclose themselves.


Is there legal notification of foreclosure from mortgage company or bank?

Yes. The lender must notify the borrower of the pending foreclosure.Yes. The lender must notify the borrower of the pending foreclosure.Yes. The lender must notify the borrower of the pending foreclosure.Yes. The lender must notify the borrower of the pending foreclosure.


Can a lender sue if you do not have a job?

I lost my job and I have to foreclose on my home. can I be sued by the lender.


Can a tenant in common mortgage its interest?

Yes. As long as the lender will accept it. If the borrower defaults and the lender should later need to foreclose on the mortgage, it will acquire only the tenant's proportionate interest in the property and not the interest of the other co-owner(s) who didn't execute the mortgage.


Can you foreclose on a promissory note?

A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.A promissory note does not usually contain the power of foreclosure. In order to have the authority to foreclose (take possession of real property and sell it after a default) that right must be granted by the borrower. Mortgages and deeds of trust grant to the lender the power to foreclose.However, if your borrower defaults on a promissory note you can sue in civil court and obtain a judgment lien as long as you bring suit within the statute of limitations for your state.


In California how can you determine whether or not your mortgage is a non-recourse loan?

California is known as a one-action rule state, meaning that the lender must choose one action (and one action only) in order to recoup any losses from non-payment of funds. The lender may choose to foreclose, then that lender may not bring a lawsuit against the borrower for any deficiency between the value of the note and the amount the home is sold for. The lender may also chose to bring a lawsuit against the borrower, whereby they lose the right to foreclose, however, a judgment against the borrower may result in a forced sale as part of the civil proceedings (in order to get the lender paid), effectively evicting the owners from the home. Now, only the first (primary) mortgage falls under the one-action rule. Any home equity loans or lines of credit are recourse loans.