Legal Question in Credit and Debt Law in Pennsylvania

2nd Mortgage Collection

Eight months ago my brother passed away. At the time of his death, he held a primary and second mortgage on his home, with no insurance to cover either payment. His wife, who is legally disabled, has been trying to keep the payments up to date. She has never been more than two months behind with the second mortgage who is now threatening to sell her home to pay off this debt.

My question: Can the second mortgage actually take her home or just put a lien against it? How long before they can take any action?

Thank you!


Asked on 8/27/01, 2:00 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: 2nd Mortgage Collection

The second mortgagee can foreclose on the property. They would have to pay off the first mortgage after they foreclose. I suggest that something has to be worked out. Either the widow must refinance the property or put it up for sale. In a refinance the widow would probably need the assistence of another individual to do the financing. If I can be of any assistence please let me know. This is serious problem.

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Answered on 9/05/01, 9:45 pm


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