Legal Question in Real Estate Law in California
forclosure on a second
The owner of a second on my property is asking me to pay it. I cannot and he wants to foreclose. If he forecloses and cures the first, can he end up owning the property?
Thank you.
4 Answers from Attorneys
Re: forclosure on a second
Yes, he can. We recommend that you look immediately for some source of financing to cure the default on the second. Be careful, however, with the terms of any new second.
Re: forclosure on a second
He probably can foreclose if all of his documents and notices are in order. Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone.
Re: forclosure on a second
yes. so long as your note on the Second is due, and you are in default, your lender can foreclose and he basically steps into your shoes as the owner and has the same rights and/or responsibilities to the holder of the first mortgage.
if you are in default on the first as well, the first can foreclose and the holder of the second is out of luck with respect to having the property as security. the "sold out" holder of the second will then likely go after you personally.
Re: forclosure on a second
Yes. Would be happy to look at documents to make certain he has right to move forward.