Can The 2nd Mortgage Company Sue Me For Deficiency Upon Foreclosure?

Banks used bend over backwards to help you finance your home. This was especially true if you had any equity in your home. In this case, most banks would offer a second mortgage as a financing tool.

A second mortgage is simply an additional mortgage taken out against your property. For example, if your home is valued at $100,000 and the current or first mortgage is $70,000, it is possible to take a second mortgage and borrow against the $30,000.

In a perfect market, this works out well for the borrower and the lender. However, if the borrower is in default of the first mortgage, foreclosure proceedings may start. The first mortgage company has the first right on the auction proceedings.

Some second mortgage lenders will help you pay off your first mortgage balance in order to stem foreclosure proceedings. They may then bill you for the arrears. If this is not an option, the first mortgage lender will foreclose on your home. In most cases, the second mortgage company is not able to foreclose since they have no equity in your home.

What happens next depends on the laws in your state. In most states, once the foreclosure proceedings are over, the second mortgage lender can sue you for any deficiency to the full extent of the law. They can seek a judgment against you, garnish your wages, go after your cash and vehicles and even force you into bankruptcy.

As stated earlier, these actions entirely depend on the foreclosure laws in your state. This is because in some states such as Arizona, the second mortgage company may not be able to sue you in some classes of property. This may also be the case in California.

Since foreclosure laws are different between states, it is essential that you contact your attorney about the exact extent of your liability if any. In the hope that you do not know your rights after foreclosure, most mortgage companies will hire collection agencies to try to get the deficiency anyway.

Your attorney can be able to guide you on the best cause of action. Though foreclosure and subsequent lawsuits can be frustrating, it is important to realize that there are options available to resolve this debt. Talk to your mortgage company and your lawyer and find the best options that are available in your own case.