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My house is going through foreclosure. The sum of the 1st ...

Sent to Legal Experts December 24 2007 at 6:40 AM
   

My house is going through foreclosure. The sum of the 1st and 2nd mortgages is greater than the current sale value. I''m ready to let the house go but want to insure that the 2nd holder is entitled only of the house proceeds Also, where can I find a public listing of leins against the property?

 

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Huntington Beach, California

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Customer (name blocked for privacy)
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December 24 2007 at 7:00 AM (19 minutes and 22 seconds later)
         
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Dear Customer (name blocked for privacy),

Normally, the sale value of a foreclosed or bank sold home is less then the full amount the "owner" borrowed on the home. Where there are 1st and 2nd mortgages the lenders take from the sale in order of thier security agreements. That means that the lender for the 1st mortgage will be repaid, as much as possible for the 1st mortgage and, what ever is left over, if any, goes to the 2nd mortgage holder. BUT, lenders, unless they agree otherwise with the "owner" of the property, have rights to be repaid for the full amount of the loan they made, and if a foreclosure sale does not fully pay them off, then they can file suits against the "owner" to have the owners pay them the full amount the owner borrowed.

Normally, property liens, such as mechanic's liens, are filed with the county recorder's or tax assessor's office where the property is located - in Orange County you should contact the followng offices to ask them about liens - http://www.oc.ca.gov/recorder/default.asp and http://www.ocgov.com/assessor/




PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.
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December 24 2007 at 7:07 AM (7 minutes and 10 seconds later)
         
Reply to Jane T's Post: How can I find out if the 2nd mortgage holder is planning to follow-up with any type of lawsuit agains me?
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December 24 2007 at 7:11 AM (3 minutes and 46 seconds later)
         
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Dear Customer (name blocked for privacy),

You can only know that, before the suit is actually filed and you recieve the notice, by speaking to the lender and asking them what they normally do in these circumstances.




PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.
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December 26 2007 at 10:06 AM (2 days and 2 hours later)
         
Is there a limitation on how soon the suit must be filed?

I have a house in another state, could they force a sale for equity disbursement?

It appears I might neede a quality reource to protect these assets. Do you have a recommendation?
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December 26 2007 at 10:20 AM (14 minutes and 31 seconds later)
         
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