If you file a lawsuit to quiet title to your ex-wife's house can a mortgage holder foreclose on the house and foreclose my interest?

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.

What is a judicial foreclosure?

It depend on which state you are in. In some states the judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. However, when no power of sale is present, lenders may, at their option, choose to forego a lawsuit and foreclose by selling the property, as outlined below in the "No Power of Sale Foreclosure Guidelines".

Your name is on the deed to a house which is facing foreclosure but it is not on the mortgage will it affect your credit?

Technically the foreclosure should not effect your credit, because it is a lawsuit against the person(s) who took out the mortgage. BUT, in reality, because your name is on the deed, the foreclosure could make it to your credit report. This is something that wouldn't effect your score much, but someone looking at your report might be able to tell that your home was in foreclosure.Technically, in Massachusetts and most other jurisdictions, if the lender forecloses it can only foreclose against the person who signed the note and mortgage. If you are a joint owner and didn't sign the mortgage then the lender cannot foreclose on your interest in the property. Your name shouldn't be mentioned in the foreclosure at all and your interest in the property should remain in your own name.If you want to sell your interest to the lender it should conveyed by a separate deed with you alone as the grantor. You should seek the advice of a real estate attorney who could advise you about your rights and how to make the transfer properly so it doesn't have an effect on your own credit at all.The lender erred by not having all the fee owners sign the note and mortgage. If only one owner signed then the lender only received that person's interest in the property. Thousands of mistakes like this one, not having all the owners sign, were made by lenders during the lending craze.

Who is a good Mortgage Attorney in Texas?

The Dallas mortgage attorneys of the Armstrong Law Firm can help you resolve these problems. A mortgage lawyer can advise you of your rights or even help you initiate a lawsuit, where necessary.

Can you go to court and force your ex-partner to take name off mortgage?

First, your ex-partner cannot take your name off the mortgage. The bank owns the mortgage. To get you off the mortgage obligation- it must be paid off and refinanced in the ex-partners name alone. To prevail in a lawsuit you would need to provide compelling evidence that would satisfy a judge that your ex-partner should be ordered to refinance the property in her/his own name. In return, you must convey your interest in the property to your ex.You should consult with an attorney who specializes in family law and real estate law who could review all the details of the situation and explain your options under the laws in your state. Perhaps he/she could negotiate a resolution for you since a lawsuit can be costly.First, your ex-partner cannot take your name off the mortgage. The bank owns the mortgage. To get you off the mortgage obligation- it must be paid off and refinanced in the ex-partners name alone. To prevail in a lawsuit you would need to provide compelling evidence that would satisfy a judge that your ex-partner should be ordered to refinance the property in her/his own name. In return, you must convey your interest in the property to your ex.You should consult with an attorney who specializes in family law and real estate law who could review all the details of the situation and explain your options under the laws in your state. Perhaps he/she could negotiate a resolution for you since a lawsuit can be costly.First, your ex-partner cannot take your name off the mortgage. The bank owns the mortgage. To get you off the mortgage obligation- it must be paid off and refinanced in the ex-partners name alone. To prevail in a lawsuit you would need to provide compelling evidence that would satisfy a judge that your ex-partner should be ordered to refinance the property in her/his own name. In return, you must convey your interest in the property to your ex.You should consult with an attorney who specializes in family law and real estate law who could review all the details of the situation and explain your options under the laws in your state. Perhaps he/she could negotiate a resolution for you since a lawsuit can be costly.First, your ex-partner cannot take your name off the mortgage. The bank owns the mortgage. To get you off the mortgage obligation- it must be paid off and refinanced in the ex-partners name alone. To prevail in a lawsuit you would need to provide compelling evidence that would satisfy a judge that your ex-partner should be ordered to refinance the property in her/his own name. In return, you must convey your interest in the property to your ex.You should consult with an attorney who specializes in family law and real estate law who could review all the details of the situation and explain your options under the laws in your state. Perhaps he/she could negotiate a resolution for you since a lawsuit can be costly.

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.

What is it improper for a party to a lawsuit to serve the summons and complaint on the defendant?

conflict of interest

Can a judge force a joint owner to sign a quit claim deed if there is a mortgage on said property?

You have not provided enough detail. However, a judge can rule that a party shall lose their interest in the property. The outstanding mortgage must be addressed at the same time. The judge could rule the recipient of the property will be responsible for paying the mortgage. However, that could create a difficult situation if there is a default on the mortgage since the lender is not subject to the court order unless it was a party to the lawsuit.You have not provided enough detail. However, a judge can rule that a party shall lose their interest in the property. The outstanding mortgage must be addressed at the same time. The judge could rule the recipient of the property will be responsible for paying the mortgage. However, that could create a difficult situation if there is a default on the mortgage since the lender is not subject to the court order unless it was a party to the lawsuit.You have not provided enough detail. However, a judge can rule that a party shall lose their interest in the property. The outstanding mortgage must be addressed at the same time. The judge could rule the recipient of the property will be responsible for paying the mortgage. However, that could create a difficult situation if there is a default on the mortgage since the lender is not subject to the court order unless it was a party to the lawsuit.You have not provided enough detail. However, a judge can rule that a party shall lose their interest in the property. The outstanding mortgage must be addressed at the same time. The judge could rule the recipient of the property will be responsible for paying the mortgage. However, that could create a difficult situation if there is a default on the mortgage since the lender is not subject to the court order unless it was a party to the lawsuit.

What happens to second mortgage if first mortgage is foreclosed?

If the first mortgage is foreclosed the second mortgage lien gets wiped off the property by the foreclosure so the property can be sold free and clear of the second mortgage. However, the mortgagor still owes the debt to the lender and the lender can pursue collection of the amount due by a civil lawsuit.

Can a subcontractor foreclose on a Florida construction lien?

Yes. The foreclosure lawsuit is called Lis Pendens and requires an attorney. The Lis Pendens must be filed within 365 days from the date the lien was recorded.

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.

Can a lien last more than 10 years?

Sure. Mortgages are liens in most states and for years the typical mortgage was 30 years. If you're talking mechanic's liens and things like that, no because usually there will be a statute that requires you to "foreclose" the lien by filing a lawsuit within a specific period of time after filing the lien itself, after which if you don't file the lawsuit the lien goes "poof". And if someone complains at that point and you don't remove it, the property owner could sue you to "quiet title" if the existence of the lien is hurting the owner (by messing up a sale or loan transaction for example).