Posted:Oct. 14, 2008
12:31 PM
Here’s the whole question:
“We have a HELOC that we have been paying on time no lates. However, our 1st mortgage may go into default. What happens? If the 1st does go into foreclosure are we still responsible for the HELOC? “
What Happens To HELOC During Foreclosure?
Since the HELOC (Home Equity Line of Credit) [...]
Posted:Oct. 13, 2008
05:31 PM
I’ll reprint the question before answering..
“What happens to an IRS and State income tax liens and the real estate tax lien when the first mortgage company forecloses”
Superior Liens & Foreclosure
When it comes to understanding how liens are satisfied or expired at foreclosure, you must understand liens are ranked by time (ie. when they occurred…which came [...]
Posted:Sep. 02, 2008
06:07 PM
Mortgage Lien Defined
A mortgage lien gives the lender the right to take back the property when the borrower does not make the mortgage payments. A mortgage lien is filed by the lender and recorded in the county where the property is located.
Mortgage liens are ranked by title position. A first mortgage [...]
Posted:Aug. 21, 2008
03:59 PM
Re-subordination Defined
Re-subordination is when you leave an existing subordinate (ie. second and third mortgages) mortgage in place and refinance only the existing first mortgage. The refinance of the first mortgage will not be approved without a re-subordination agreement from the subordinate mortgage lender(s) agreeing to maintain it’s subordinate lien position(s). See Subordination for [...]
Posted:Aug. 21, 2008
03:50 PM
Subordination Defined
Subordination is the state of one loan being “behind” or “subordinate” too another or “superior” loan in lien position. Lien position is the order of claim on the collarteral (the home) should a default occur and is usually based on time or “who came first”.
For example, you buy a house [...]