Legal Question in Real Estate Law in Massachusetts

Re: secured 2nd note on home -

Yes, a secondary mortgage holder CAN foreclose. They are now the primary mortgage holder, by the way, and if you took out another loan, it would be behind them unless they agreed to subordinate.

You need a lawyer. Quick. Before you even start negotiating with them or responding to them, but before they start coming after you because you fail to respond. A lawyer will have negotiation skills and knowledge about how these cases can be settled "justly" (ha! cheaply is the better goal). Your interest charges (and maybe some minor penalties!) will by now be astronomical, on the one hand, but you were probably in a deadbeat category on the other and not much is expected out of you.

What are the actual numbers? What was the mortgage rate, was it fixed, and how much was your last balance? What was the term (and what were the payments)?

Big legal question: did the bills vary due to changes in interest rates? There may be some really good defenses that only a lawyer can raise for you credibly.

Again: consult an attorney. Call me if you're in Eastern Massachusetts if you don't know someone more local to you. I'm in Newton, Mass. By no means do I think you must come to me; probably half the attorneys in the book could be of genuine help to you.

Re: secured 2nd note on home -

The only piece of general advice I will give you is not to ignore this or you may find yourself on the business end of a foreclosure suit! Unfortunately, I cannot discuss your alternatives or even if the apparant assignee of your mortgage is the proper party to initiate foreclosure proceedings untill I have talked to you and reviewed the pertinent legal documents. If you would like to discuss the possibility of my representing you, please call. My direct line is (781) 593-7379.