• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

2nd mortgage rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

T

tazangel

Guest
In Iowa, I hold a second mortgage on a family farm. We have received notice the homeowners are in default of the first mortgage and foreclosure proceedings have started. What should I do now...Am I out this money(it is less than the first mortgage). They are not in default with me(usually late by a few days every few months and right now .....) Should i contact the first lien holder and make them aware of my interests also..Can they sell the property even with my recorded lien on the place??
 


HomeGuru

Senior Member
tazangel said:
In Iowa, I hold a second mortgage on a family farm. We have received notice the homeowners are in default of the first mortgage and foreclosure proceedings have started. What should I do now...
**A: you should reply to the foreclosure complaint and join in.

*********

Am I out this money(it is less than the first mortgage).
**A: it depends on the equity and the sale proceeds if foreclosed on.
****************

They are not in default with me(usually late by a few days every few months and right now .....)

**A: if does not matter since the first mortgage holder can and did file foreclosure.
************
Should i contact the first lien holder and make them aware of my interests also..
**A: yes, but they are already aware of your interest via title report.

*****************
Can they sell the property even with my recorded lien on the place??

*A: yes, if the Buyer accepts or through foreclosure sale.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top