Legal Question in Real Estate Law in Florida

2nd mortgage and legal implications

I have a second mortgage (line of credit) on my home for $275,000.00 through a different lender than the primary note holder. My Mom is the primary note holder and only my name is on the 2nd mortgage. My Mom, me, and my wife are all on the deed. Can the 2nd mortgage company foreclose on my home or can they just put a lien on it? Can a second mortgage be discharged in bankruptcy?


Asked on 11/05/07, 12:55 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: 2nd mortgage and legal implications

1. Yes, but the first mortgage holder would be paid first.

2. The mortgage does not get discharged, a debt may.

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Answered on 11/05/07, 2:39 pm


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