Legal Question in Real Estate Law in Georgia

Yes, it is quite common for a lender to foreclose if payments are not made, though it is much more likely for a 1st priority lender to foreclose. Whether or not there is equity in the property is an important question, but you did not provide those details.

There is no way to know what the lender will do without knowing (i) who the lender is, (ii) your balances on the first and second mortgage, (iii) how much you are past due, (iv) your current income, and (v) any other hardships you may be suffering. To answer your question directly, the lender ALWAYS has the option to foreclose the home if you are in default on one or both of your mortgages. Do not take it for granted. Speak with a Georgia real estate attorney IMMEDIATELY concerning your options -- re-modification of your loans, bankruptcy, short sale, deed-in-lieu, foreclosure.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

It is very common to be foreclosed on if you don't pay.

At this point, see a lawyer. You may have options. If you qualify and the numbers work, you may be able to file a Chapter 13 bankruptcy and completely eliminate the 2nd mortgage. As others have noted, there may be other options. I'd suggest seeing a bankruptcy lawyer rather than a real estate lawyer, so I differ with Phillip in that, as he will be more familiar with both Chapter 13 and modifications.

The one thing NOT to do is wait. You options usually diminish with time. So make that lawyer appointment quickly.