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    elena someillan's Avatar
    elena someillan Posts: 1, Reputation: 1
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    #1

    Jun 18, 2008, 03:01 PM
    Second Mortgage not paid in sale of property
    What happens when a property is sold for less than the amount owed and there is a second mortgage?

    The spouse's name was not on the 1st loan but the name was on the deed.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Jun 18, 2008, 03:04 PM
    I don't see how the sale can close, unless all the liens and mortgages are paid?

    The title cannot be transferred, while there is a lien in place against the property.
    westnlas's Avatar
    westnlas Posts: 322, Reputation: 25
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    #3

    Jun 18, 2008, 03:11 PM
    Depending on the type of sale. If it's a repossession, or sale back to the first mortgage holder, the 2nd mortgage holder loses their position. If it's a lien sale, the first mortgage is satisfied first, 2nd mortgage 2nd, etc. I concur with "prog" I don't see how the sale can proceed with the mortgages being satisfied. The buyer may assume the 2nd, but I don't think escrow will close, unless the 2nd mortgage holder settles for a partial payment.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 18, 2008, 05:45 PM
    Yes, it can not sale at a standard sale without it being paid, But in a other sale, they will normally come after the lender for payment if not fully paid.

    A foreclosure or a bankruptcy or a tax lien sale is the only way I see it being sold without the second lien being sold

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