Consequences of Default on a Second Mortgage
- Review how the foreclosure process works.
- Understand the difference between a recourse loan and a non-recourse loan.
- Examine the alternatives to foreclosure.
What are the consequences if I do not pay the second mortgage but stay timely on the first?
I have a first and second mortgage financed by the same company. The second is a 125% loan to value. Needless to say, the housing market has tanked and I would be lucky, if I sold the house, to get $342k back, which is what I owe on the first. What are the consequences if I do not pay the second but stay timely on the first? Can they foreclose on the house?
If you go delinquent on your second mortgage, the lender can foreclose on your house and property. The foreclosure process varies from state to state, but generally takes from 2 to 18 months. It all depends on the terms of your loan. However, normally if mortgage payments are not received within 150 days, the bank can proceed with the foreclosure process. The second mortgage would be repaid after the first mortgage is paid in full. As in your case, having both the first and the second mortgage with the same company will not make any difference. In fact, if the sale price is less than the value of the mortgages held against it, then in some states you could still owe an unsecured balance called a deficiency balance. The good news is that this new deficiency balance (if it exists and if your lenders pursue it) is an unsecured debt that you could conceivably enroll into a debt settlement program
Here is the good news: Lenders do not like to foreclose on mortgages. Foreclosures cost more than can be made back, so lenders foreclose only as a way of limiting losses on a defaulted loan. If homeowners get behind on payments, lenders will most likely work with them to bring the loan current. In order to do so, however, the owner must stay in communication with the lender and be honest about the financial situation. The lender's willingness to help with current problems will depend heavily on past payment records. If the owner has made consistently timely payments and had no serious defaults, the lender will be more receptive than if the person has a record of unexplained late payments. For those falling behind in payments or who know they are likely to do so in the immediate future, they should contact the lender right away about meeting to discuss alternative payment arrangements.
An agreement between borrower and lender to prevent the loss of a home is called a loan workout plan. It will have specific deadlines that must be met to avoid foreclosure, so it must be based on what the borrower really can do to get the loan up to date again. The nature of the plan will depend on the seriousness of the default, prospects for obtaining funds to cure the default, whether the financial problems are short term or long term and the current value of the property. If the default is caused by a temporary condition likely to end within 60 days, the lender may consider granting "temporary indulgence". Those who have suffered a temporary loss of income but can demonstrate that the income has returned to its previous level may be able to structure a "repayment plan". This plan requires normal mortgage payments to be made as scheduled along with an additional amount that will end the delinquency in no more than 12 to 24 months. In some cases, the additional amount may be a lump sum due at a specific date in the future. Repayment plans are probably the most frequently used type of agreement.
In some cases, it may be impossible to make any payments at all for some time. For those who have a good record with the lender, a "forbearance plan" will allow them to suspend payments or make reduced payments for a specified length of time. In most cases the length of the plan will not exceed 18 months and will stipulate commencement of foreclosure action if the borrower defaults on the agreement.
Foreclosure is a serious situation that has serious repercussions. If you can, you want to avoid a foreclosure as much as possible. Bills.com is here to help. We also offer helpful guides, foreclosure FAQs, glossary terms, and other helpful tools to help you keep your home and avoid a bank repossession.
You can find more information on the Bills.com foreclosure page.
I hope this information helps you Find. Learn & Save.
Your question about the servicer pursuing you for the deficiency following a short sale is a tough one because the mortgage servicers follow their own secret, ever-changing policies for this question. The answer to your question can be found in the short sale contract offered you.
The time to discuss bankruptcy is when you are negotiating the terms of the short sale. If the terms are one-sided in the mortgage servicer's favor, then raise the bankruptcy issue. Obviously, consult with a lawyer who has bankruptcy experience to learn more. Ask if he or she has experience negotiating short sales. If so, bring him or her into the negotiations.
There are a lot of Americans in the same position as you. There is talk that the government may introduce a program that compels lenders to reduce the principal balances on mortgages. I think you should wait to see what develops along these lines, as long as you can maintain your payments.
At any time that you are reaching the point where payments can no longer be made, then you should review the following articles: • Short sale selling • Second Mortgage Foreclosure • Mortgage Foreclosure in Illinois