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Foreclosure and sale by 2nd / second mortgage holder, what happens now?
My second mortgage holder ( a private lender ) foreclosed on my home after months of not responding to requests for payoff instructions. Sale occurred over two months ago, yet the first loan on the property is still in my name. I haven't made the payments after the sale- Now this loan is in foreclosure as well and a notice of default has been posted... please help!
What happens with my first mortgage holder? Isn't the winning bidder required to pay them off? How can I be legally held responsible to pay the mortgage on a property that is no longer in my name? I've received an eviction notice and need help asap.. The foreclosure on the first mortgage now is going to hurt my credit even more, can this be legal>? Thanks for your help! |
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Sounds like the second mortgage holder did not legally do the sale properly. I would hate to be the buyer, since the buyer would be obligated to the other mortgage if they want to keep the home.
And normally the second mortgage holder can not force a sell without going though the 1st mortgage holder But the money from the sale, has to go to the first mortgage holder first But I would say that the first sale was not the legal one, and this foreclosure will actually be correct. But then I am not a real estate attorney. But if you are in default on both 1st and 2nd mortgage, your credit is shot anyway and worrying about creidt is really pointless at this point anyway. |
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