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CA Pre-Foreclosure Questions

Posted by George on January 01, 2002 at 8:58 AM


1. I want to buy a pre-foreclosure ‘subject to’ the existing financing in default.
2. Want to assume the loan and cure the default/reinstate the loan but don’t want to notify the lender to avoid the acceleration clause.
3. Then I plan on getting an HELOC 2nd to pay seller for some equity and rehab costs.


Questions:
1. Do lenders, either for a 2nd TD or HELOC, have any issues with having/seeing/learning of one individual showing on title, me, and another person on the existing first mortgage that was in default? Going behind a 1st TD in someone else's name?
2. Can you get the HELOC if the first is currently in default? Will they payoff the default amount as a condition to funding?
3. What about lender seeing the first on title but not on my credit report?

Much appreciated… Thank you!


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