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Foreclosure of Second Mortgage Is As Serious As a First Mortgage Foreclosure

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Most young people, as well as old people, have a mortgage on their home. With the prices of homes at an all-time high, very few people can pay cash for their home like they did many years ago. Some people even have a second mortgage on their home. A second mortgage is not a lot different from a first mortgage, but a foreclosure of second mortgage can be slightly different from a first mortgage foreclosure. The results, however, are the same-homeowner losing part of their home- with a foreclosure second mortgage or first mortgage.

Some people have not even heard of a second mortgage or don’t understand why a person would have two mortgages on their home. There are a few good reasons. With economy as it is today, many people have difficult time saving money. This makes it difficult if an unexpected expense comes up that requires cash. Or perhaps you want to take the family on that long awaited vacation, but don’t have the cash. Most people have equity on their home above and beyond what they owe on their mortgage so they borrow money against their home. For instance, if their home is appraised at $100,000 but only owe $50,000 on their mortgage loan, they have around $50,000 of clear equity. Many people take out a second mortgage using the equity on their home as collateral.

While this helps them at the time, it may cause problems later if they can’t make their payments and the home goes into foreclosure. The first mortgage always takes precedence over the second in a foreclosure. Second mortgage will get what’s left after the first mortgage is satisfied. Many people understand the concept of what is meant by “first mortgage taking precedence over second mortgage”. If they have financial difficulties, they feel they can let their second mortgage fall behind as long as they keep up their first mortgage.

What they don’t realize is they can still lose their home through foreclosure. Second mortgage loans have the same legal rights as first mortgage. If you fall behind on your second mortgage, they can sell foreclose your home and sell it. The only difference is that the first mortgage company will get their money first and then the second mortgage will get what’s left. Often is a situation like this the first mortgage company will offer to buy out the second mortgage or vice versa so there is only one mortgage. Whichever company buys out the loan comes out ahead because they now have only one mortgage.

You now understand the importance of paying both mortgages on time. A foreclosure of second mortgage can have the same ramifications as a first mortgage. You lose your home and good credit.


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Mortgage Foreclosure Automatic Stay Specific links

Mortgage Foreclosure Automatic Stay News

Can Bankruptcy Prevent a Foreclosure? - RealtyBizNews


RealtyBizNews

Can Bankruptcy Prevent a Foreclosure?
RealtyBizNews
So how does all of this relate to a foreclosure? Well the first thing a bankruptcy filing does is prompt the court to issue what is called an “Automatic Stay”. This means that the homeowner's creditors must immediately cease all collection activity ...

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Wife of NASCAR's Jeremy Mayfield files for bankruptcy - Charlotte Observer


Wife of NASCAR's Jeremy Mayfield files for bankruptcy
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If the bankruptcy is lifted, the bank can pursue foreclosure again.” On May 11, Carolina Farm Credit filed a motion requesting the automatic stay on the property be removed, stating that can be done if the person filing for bankruptcy does not have ...

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After A Lull, Home Foreclosures Likely To Increase In 2012 - DigitalJournal.com (press release)


After A Lull, Home Foreclosures Likely To Increase In 2012
DigitalJournal.com (press release)
Foreclosures are expeced to increase this year, after the bank's settlement over the "robo-signing" problems of last year. May 10, 2012 /24-7PressRelease/ -- Homeowners whose properties escaped foreclosure last year may not be so lucky in 2012.

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Wonkbook: Will the 2013 debt ceiling be moot? - Washington Post (blog)


Wonkbook: Will the 2013 debt ceiling be moot?
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By that time, either the Bush tax cuts will have already expired and the automatic spending cuts will have already begun or the parties will have come to some big fiscal deal and the debt ceiling will have been raised along the way.

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Austin Man Sentenced to 61 Months for Nationwide Foreclosure Prevention Scam - LoanSafe


Austin Man Sentenced to 61 Months for Nationwide Foreclosure Prevention Scam
LoanSafe
Gladle then sent the unsuspecting debtors' bankruptcy petitions, and the deeds that transferred fractional interests to the debtors, to the homeowners' lenders to stop foreclosure proceedings. Because bankruptcy filings give rise to automatic stays ...

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