Legal Question in Real Estate Law in Illinois

I am 4 months delinquent on my 2nd mortgage but current on my 1st mortgage. The 2nd mortgage company sent me a notice that they intend to foreclose my property. Can they foreclose the property even if I am not delinquent in my 1st mortgage?


Asked on 3/12/10, 8:13 am

5 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Unfortunately for you, yes they can.

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Answered on 3/17/10, 8:17 am

Yes.

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Answered on 3/17/10, 8:18 am
Walter Palmer Law Office of Walter Palmer

Yes

This is because when you signed a mortgage you borrowed money and used your house as security. In the case of a second mortgage you pledged the equity in your house as security.

The holders of the second mortgage will have a'discussion' with the holders of the second, but that is the end of it. Until you are current on both mortgages, the dispute is between the two mortgage holders as to who gets what and how much.

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Answered on 3/17/10, 8:36 am
Charles Dobra Charles Wm. Dobra, Ltd.

The short answer is "yes". I suspect that you would be a candidate for a Chapter 13 bankruptcy based on the fact that my office does a lot of bankruptcy work, and this is a fairly typical situation.

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Answered on 3/17/10, 8:42 am
Thomas Moens Moens Law Offices, Chartered

Absolutely. The second mortgage company will foreclose your interest in the property, essentially stepping into your shoes. They will still be responsible for the first mortgage, which, if there is sufficient equity, they will pay off, and then sell the house.

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Answered on 3/17/10, 10:57 am


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