Yes they can. The second mortgage would be lost in the foreclosure as the first is a superior lien position.
Each mortgage holder has the right to foreclose if the loan is in default.. but the first wont hold off on foreclosure just because your paying your 2nd but not the first.. the reason there are deeded positions (1st, 2nd, etc) is because there is an order of precedence when it comes to notes.. if the first forecloses, and if the proceeds from the sale are less than what's owed on the first, the 2nd position get's nothing.. the first mortgage is the senior mortgage and all sale proceeds get applied to the first position.. if the proceeds are more than what the 1st was due, then the excess would apply to the 2nd loan.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com NMLS# 226347
Yes a bank does have the ability to foreclose if the first mortgage payments have not been made.
Yep. If you are not current on the first they have the right to foreclose
Most definitely they can. If one is to be late on a mortgage it is better to always pay the first. More difficult for a second mortgage company to foreclose on a home as they may get little to nothing because the first lender is still in control of the process.
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