2nd Is A Line Of Credit

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I have a property I want to take over Subject To. The homeowner has a line of credit as a 2nd. It's currently maxed out, but how do I legally prevent her from drawing on the line as it's being paid down? She says she won't use it, but I'd like something in writing. Any suggestions? confused

Comments(9)

  • myfrogger6th November, 2003

    Very, very good question.....anyone??

  • edmeyer6th November, 2003

    If John Locke doesn't respond you might send him a private message and if he has an answer, hopefully he will share it with all of us.

    I agree this is an interesting situation.

  • nebulousd6th November, 2003

    Tell her to close the HELOC (home equity line of credit)

    it's just like cancelling a credit card. same process, call em up and shut it down.

    Then you just monitor it and make sure she doesn't open it again. you got the LPO to do that

  • crf3boys6th November, 2003

    Can it be cancelled with a balance on it?
    Having never used a LOC, I don't know. If so, that sounds like a good solution. Thanks for the input.

  • nebulousd6th November, 2003

    yes it can, just got to keep making the payments.

  • nebulousd6th November, 2003

    ALWAYS have sellers close a HELOC if they have one. I always ask if the second is a HELOC when I find out that they have a second

  • myfrogger7th November, 2003

    I wanted to bring this back on the hot sheet....hopefully John Locke will respond. Thanks

  • InActive_Account9th November, 2003

    I've always done it with a form instructing the lender to close the account and have it signed by the debtors.

  • cscarpero10th November, 2003

    Get her to sign a closeout letter on the second. I normally do mortgage closings in my day biz and can send you one next time I see one. PM me.

    Carlos

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