Legal Question in Real Estate Law in California
Can my 2nd mortgage foreclose if I'm too upside down on the home to pay the 1st?
2 Answers from Attorneys
If your situation is such that your equity in the home doesn't cover the 1st, in other words the 2nd is entirely underwater, see a bankruptcy attorney about having the 2nd completely wiped-out in a Chapter 13 bankruptcy proceeding.
A lender can't foreclose unless and until you default on its loan. Defaulting on someone else's Loan Y doesn't ordinatily trigger a right for the lender on Loan X to begin a foreclosure proceeding. Sometimes, however, a loan will contain a "cross-default" provision in which a default on any other loan is deemed a default on the loan containing the provision. You'd have to look through your loan papers carefully, or have an attorney look for such a provision.