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Why would the second lien holder foreclose?
It's simple. The second lien holder will foreclose if you don't pay that debt and it thinks there is enough equity in the property to take possession subject to the first lien.It's simple. The second lien holder will foreclose if you don't pay that debt and it thinks there is enough equity in the property to take possession subject to the first lien.It's simple. The second lien holder will foreclose if you don't pay that debt and it thinks there is enough equity in the property to take possession subject to the first lien.It's simple. The second lien holder will foreclose if you don't pay that debt and it thinks there is enough equity in the property to take possession subject to the first lien.
Can a second mortgage holder foreclose on a first bank mortgage holder?
yes, but it rarely happens.
Can a second mortgage foreclose without letting the first mortgage know?
The only way would be for the 2nd mortgage holder to "buy out" or "pay off" the 1st mortgage holder. Even then, I believe most states require that the 1st mortgage holder receive notification.
Your house is morgaged you owe about 20000 but you have a home equity loan too you owe 35000 on that the house is collertal for both loans if you go to foreclosure and they take the house can the bank?
The question is a bit unclear, but typically a home equity loan has a second lien. If the home is foreclosed, the first dollars received will go to pay off the first mortgage; if more proceeds are received than are required to pay off the first mortgage, they will go to pay off the home equity loan, and the remainder (if any) will go to the former homeowner. If enough isn't generated by the sale to pay off both loans, all accrued interest, missed payments and fees the banks incurred to foreclose, etc., then the former owner (you) are still responsible for the deficiency, and they will seek to recover that. The first mortgage holder is the one that gets to decide whether or not to foreclose, but the second lien holder (the home equity lender) usually has the option to pay off the first mortgage holder and step into its position (it may wish to do so if it fears the first mortgage holder selling the house for less than would be required to fully repay the second lien holder).
Why does the second mortgage holder have to approve of the first mortgage refinance?
The second mortgage holder typically needs to approve the first mortgage refinance because they hold a subordinate position to the first mortgage. Refinancing the first mortgage could impact the second mortgage holder's position, so their consent is often required to make changes to the primary loan.
What happens when your home is in foreclosure and you have an equity line of credit on this home?
The line of credit is no longer usable and the bank that gave you the line of equity will be asking you to pay the balance. The mortgage holder will also be asking for the deficiency after the foreclosure auction. Alternatively, the banks may send you a 1099 early next year so you will owe taxes on the "forgiven" balance. Get a good bankruptcy lawyer. The law may change in this area when Congress comes back into session.
If payments have been made to the second mortgage holder but not to the first Mortgage holder can the first mortgage holder reclaim any of those payments from the second mortgage holder?
No. However, in the case of a foreclosure sale (or any sale), the first lien holder will always be made whole (paid completely) before any sale proceeds are applied to the subordinate liens.
Who owns the house equity in a life estate deed?
The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.The owner of the fee owns the equity in the property. The life estate holder only has the right to use and possession of the property for life. However, the life estate holder must consent to any mortgage affecting the premises.
What is an Equity line holder?
An equity line holder is the other term for a shareholder or stockholder. This refers to the person who holds one or more shares in a company.
What happens to a mortgage loan when the sole loan holder dies and the property is titled Joint tenants with full rights of suvivorship?
The mortgage obligation remains on the property. If the holder of the mortgage dies then her heirs own the mortgage.
If payments have been made to the second mortgage but not to the first Mortgage can the first mortgage holder reclaim any of those payments from the second mortgage holder?
No, the first lien hold cannot claim or collect any monies from the 2nd lien holder. The lien holders sole recourse is with the borrower.
Does mortgage holder or deed holder sign at closing?
If the property is subject to a mortgage the mortgage must be paid off at the time of the sale of the property to a new owner. The holder of the mortgage must provide a signed release of the mortgage that can be recorded in the land records.The owner of the property signs the deed that transfers the property to the new owner.The new owner of the property signs the new mortgage.
