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?
2 Answers from Attorneys
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.
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. .