What is the foreclosure process for a 2nd-mortgage?
Submitted by soldbiz on Thu, 08/21/2008 - 5:48pm.
I hold a 2nd-mortgage on a building that is in default 2 months on its first mortgage and more on my second mortgage. The 2nd mortgage is not yet recorded. Should I send a foreclosure notice BEFORE the 1st holder forecloses? Do I have to send a notice of default first? Does my mortgage need to be recorded BEFORE I can do either of the above? Is it correct that whoever forecloses first controls the sale? Can the first mortgage holder sell the building for whatever they please? Thank you for any help. Please respond to soldbiz@yahoo.com.











Comments:
Let me see if I can't simplify this a bit for you. First, you should record your mortgage. You've seriously put your interest in the property at risk by not recording it as soon as the loan was made.
From there, you have essentially 2 ways to protect your loan:
Both option require cash. The second option likely requires significantly more cash as you'll need to have enough money on hand to pay both the first and your second in cash at the sale (although the money that covers your second will be returned).
In either case you should find a law firm that acts as a foreclosure trustee to help you as there may be slight variations on the above based on the wording of your mortgage or deed of trust, and the state you are located in. Best of luck.
You never told us what lead you to a decision like this.
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