Ask Terry Questions Can second mortgage lender foreclose?

Can second mortgage lender foreclose?

By Terry Savage on May 01, 2013 | Housing / Real Estate

Hi Terry. Our 2nd mortgage holder is threatening to start foreclosure proceedings on us. My ? is can they do this without the 1st mortgage holders consent and if so does the 1st mortgage holder get paid off first? Thanks

SAVAGE SAYS: For sure, the first mortgage holder has the first lien on your property. But obviously, you have a problem with the lender on your second mortgage. I would need more information to point you in the right direction. How far behind are you in your payments on the second? And are you behind in paying your first mortgage as well What kind of “threat” have they send — written, or just verbal. I’m thinking you’ll need an attorney to sort this out, but if you write back with details and your location, I will respond personally.

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