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.


Asked on 8/28/04, 12:13 pm

4 Answers from Attorneys

Barry Snyder Snyder Law

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.

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Answered on 8/30/04, 6:46 pm
Larry Rothman Larry Rothman & Associates

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.

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Answered on 8/28/04, 12:45 pm
Daniel King Law Offices of Daniel King

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.

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Answered on 8/28/04, 1:02 pm
Donald Holben Donald R. Holben & Associates, APC

Re: forclosure on a second

Yes. Would be happy to look at documents to make certain he has right to move forward.

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Answered on 8/30/04, 4:05 pm


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