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Phase 1: Payment Default. Phase 2: Notice of Default. Phase 3: Notice of Trustee's Sale. Phase 4: Trustee's Sale. Phase 5: Real Estate Owned (REO) Phase 6: Eviction. The Bottom Line.
When a junior mortgage holder has been sold-out in a first-mortgage foreclosure, that junior mortgage holder usually can, depending on state law, sue you personally on the promissory note to recover the money it loaned you.
When a junior lienholder forecloses, a senior lienholder recovers nothing from the sale proceeds. But the senior lien remains intact and the foreclosure buyer takes title to the property subject to the senior lien.
Yes, a second mortgage holder can foreclose, even if you are current on your first mortgage.After taking care of expenses, the mortgages will be paid off in order of priority; until the first mortgage is fully paid off, the second mortgage holder will not receive any funds.
If a foreclosure sale results in excess proceeds, the lender doesn't get to keep that money. The lender is entitled to an amount that's sufficient to pay off the outstanding balance of the loan plus the costs associated with the foreclosure and salebut no more.
You get behind in your mortgage payments. The bank sends a letter notifying you of its intent to begin foreclosure. The bank files a lawsuit. The bank gives you notice of the lawsuit. You have a chance to respond.
Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished and the liens are removed from the property title. But the second-mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.
Following a first-mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished and the liens are removed from the property title. But the second-mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.