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Re: Consequences of defaulting on 2nd Mortgage

Posted by JK (the other JK) on December 17, 2009 at 7:36 PM

In Reply to: Consequences of defaulting on 2nd Mortgage posted by Ann on December 17, 2009 at 6:51 PM

: Hello,

: With the decline of property values, I heard one attorney suggest to his client in a case where there are 2 mortgages on a property, that the client can default on the 2nd mortgage, take the hit on the credit, and then contact the 2nd and negotiate a short payoff.

: The attorney indicated that in most cases, the 2nd would not pursue a foreclosure proceeding b/c it would cost too much and even afterwards, the sales funds will most likely not be enough to pay the 2nd off.

: Do you see any problems with that line of reasoning? (Aside from the moral/ethical issues). If speaking strictly from the perspective of financial decision-making, would that be a viable option?

That's one strategy. Another strategy would be to lien strip the 2nd via Chapter 13 BK.


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