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BrendaJo
Jun 14, 2008, 10:23 AM
I just refinanced my 1st mortgage and the first mortgage is in my name only, not my husbands. The second mortgage is my name and my husband name. At the moment we are behind on payments on the 2nd maritage. Can they foreclose on the 2nd mortgage?
They same mortgage company has both mortgages but different account numbers. My husband and I are not divorced but legally separated.

George_1950
Jun 14, 2008, 11:53 AM
Welcome to AMHD. The lender could foreclose on the second, though it is not likely unless the property is worth more than the balance owed on both notes. I have no experience with management of a mortgage lender but they may not be able to carry a first mortgage when it is in default because of the regulations they must work under. What I have seen is that foreclosure follows soon after arrears of three months as to a first mortgage.