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Sue on the delinquent note...

Posted by Ward-CA- on April 11, 2009 at 11:25 AM

In Reply to: What happens if you just stop paying the second? posted by Scott - So Cal on April 11, 2009 at 9:59 AM

Scott,

The second lender can either foreclose or sue on the note. Pursuing the note to a judgment the lender could then attempt to satisfy his judgment via a wage garnishment, or levy against bank accounts or seize equipment or vehicles, etc.

-------Ward

=========

: I'm a broker and came across this situation:
: The property is owner occupied with a purchase money first ($130K) and a refi'd second ($170K). Property valued at $125K. What recourse does the second lender have if the owner stops paying the second BUT KEEPS THE FIRST CURRENT? I doubt very seriously the second would foreclose because of the numbers.
: Can the second lender sever the lien from the property to pursue a wage garnishment or other enforcement action? Or do they have any other recourse other than waiting for values to come back around?

: Any thoughts??



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