Legal Question in Real Estate Law in California

if you stop paying on a home equity line of credit and pay your first mortgage can they forclose?


Asked on 12/13/12, 12:25 pm

2 Answers from Attorneys

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

A home equity line of credit is, by definition, credit secured by a lien on the home. Failure to make payments as agreed may result in foreclosure. It is also possible that, especially if the HELOC and the first mortgage were provided by the same lender, that the loans are "cross defaulted" so that a default on one is also a default on the other. I'd read the terms of both loan agreements very carefully before deciding that it's OK or "safe" to stop paying.

Read more
Answered on 12/13/12, 12:32 pm
Terry A. Nelson Nelson & Lawless

Any lender with a security interest in the house can foreclose if you default. You gave them an interest via a deed and lien when you took out the line of credit. It is just like a mortgage that you take money out of as needed instead of all up front. .

Read more
Answered on 12/13/12, 1:59 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California