Legal Question in Real Estate Law in California

foreclosure of second mortgage

In California can the bank holding the second mortgage that has gone into default emcumber the first if it is in good standing?


Asked on 2/01/08, 7:50 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: foreclosure of second mortgage

If I understand your question, or if you are asking what you really need to know, the answer is "no," the second mortgage is junior (inferior) to the first, and the holder of the second cannot do much, if anything, that affects the rights of the holder of the first.

I have read your question a couple of times, and I'm wondering if maybe you are trying to ask something else, such as "Can the holder of a second mortgage initiate a foreclosure while the borrower is not in dafault on the first?" If this is you question, then the answer is "yes."

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Answered on 2/01/08, 8:05 pm


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