Legal Question in Real Estate Law in Florida
Second mortgage
What should the holder of a second mortgage do when the liened property is in foreclosure
2 Answers from Attorneys
Re: Second mortgage
The following is not legal advice and does not construe an attorney client relationship. For specific legal advice, contact me directly.
A second mortgage holder must answer in the foreclosure case to prevent losing the entire debt that is owed. If you do not answer and if the case goes to sale, you could be wiped out in the sale. You must contact an attorney, your fees should be paid by the property owner.
Re: Second mortgage
You will want to look into the value of the property, amount of senior liens and other details. You may have to bid to protect your interest. ome may be obtained from the foreclosing attorney, but you are best served by retaining a lawyer in or around the area where the property is located. ALthough in theory the documents may require the debtor to pay your fees, it is easier said that done. There is a reason the foreclosure and more often than not it is because the debtor does not have money. Again, a lawyer will look into the collection issues as well.