I have a 1st mrtge and a 2nd mrtge. I’m delinquent on the 2nd mortge. Can the 2nd mortge company foreclose on my house? What happens to the 1st mrtge?

Asked on June 2, 2009 under Real Estate Law, New Jersey


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I ama lawyer that practices in this area in CT.  If the 2nd mortgage is delinquent, and it decides to foreclose, the first mortgagee will file an action to foreclose out its interest first as it is in first position and entitled to its money before the 2nd mortgagee gets paid.  If the house is underwater, the chances of the 2nd mortgagee will foreclose is unlikely.  Plus, the courts these days are trying to keep people in their homes by offering modifications and so forth.  even if the 2nd forecloses you will have an option to figure out how to keep your house and come current on the 2nd to avoid foreclosure.

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