2nd Forecloses, 1st refuses to sell!

Foreclosures, Short Sales, Tax Foreclosures
1

I filed a CH 7 three years ago and reaffirmed my 1st which is current at this time.

My BK attorney assured me that he had “never” seen a 2nd mortgage foreclose.

Well, they just did!

The question is this: If a relative buys out the 1st mortgage and refuses to sell,
where does that leave the second mortgage?

Can they get a court order forcing the first mortgage to sell to them?

Does that leave the 2nd mortgage in a poor enough position than I can make a cheap
offer and get a mortgage release certificate out of them?

There is presently enough equity to cover both mortgages at sale.

Anyone ever hear of this being tried? Could it work?

Do you know of someone who could give me a definitive answer whom I could contact?

I eagerly await your comments. TIA

2

If the second foreclosed then they already own the first. By foreclosing they gain ownership on the property and any liens that came before it or that it signed a subordination to. The second also has the right as owner of the property to pay off the first to whom ever it might be held by. No one can refuse to release a lien that you are offering to pay according to the terms of the lien. We suggest it is time to contact and attorney.

Best of luck.

Regards,