Foreclosures: What happen to second?

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What happens to a second lien that has started the foreclosure process after the first already started the process and the property is sold at auction?

For example: NOD for 1st is 3/1; NOD for 2nd is 3/15; the first goes to auction 111 days later in June but the second has not yet completed the 111 days confused

Comments(2)

  • rajwarrior17th June, 2003

    In any foreclosure auction, regardless of which lienholder filed, the 1st always receives their money first (hence 1st lien). If any is left after the 1st is paid, then the remainder will go to the 2nd, then the 3rd and so on.

    Roger

  • jorge12117th June, 2003

    If there is enough equity in the property the second will attempt to protect its interest by participating in the foreclosure filed by the first (they should have been named a defendant in that suit) and bidding on the property up to the amount of their interest. If the property has no equity, it is unlikely that the second will get anything and the first will bid up to the amount they are owed and take back the property. Any difference between what is owed on the mortgage(s) and the amount derived at the sale will end up in a deficiency judgment against the defaulting propertyowner.

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