2nd Lien Now 1st?

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I have a friend who sold an apartment and took a $25k 2nd mortgage which is several years past due. I reviewed the recorded liens at the country recorder and it appears the bank who originally financed the 1st mortgage restructured the owners debt into a new larger mortgage.



Am I correct that the original 2nd lien is now the first lien if the original 1st mortgage was satisfied and my friend did not provide a subordination agreement?



If my friend were to foreclose, the likely course of action is the bank will buy him out correct? Otherwise, I would be happy to pay $25k for the 5 unit apartment with gross rent of $2,000 and a house which the buyer moved on site.



Thoughts?

Comments(1)

  • yzestone22nd September, 2009

    Restructuring or a note modification will not change the lien position, however paying off the original mortgage with a new larger mortgage would not be authorized without permission from the 2nd.

    It looks like the bank restructured the original 1st with other additional other legal descriptions at a larger dollar amount.

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