Line Of Credit

Line Of Credit

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I have a second ( line of credit by b of a ) is threatening to foreclose ( auction sale ) tomorrow.?

Question: I have a second ( line of credit by b of a ) is threatening to foreclose ( auction sale ) tomorrow.?

(Posted by: ti h on 2009-12-29 14:56:11)

At the same time I also have a first mortgage in which the house is under water. When I talked with B of A, I was told whoever is the highest bidder at the auction ( on the second ) will get the house. For example, my second I owe 65k, and the first 280k. If the highest bidder on my second is 80k, then he/ she will own my home, and whatever the amount not covered by the bid will be charged off. Is it right? .. the person I talked also indicated B of A will buy off the first eventhough they lose money, and then resell the property. Is it something B of A usually does ? Pls explain. Thanks.


Answers:

Posted by: MVD34 on 2009-12-29, 15:34:41

Threatening? They are or they aren 't doing it tomorrow...that is a fact or a lie. Your question sounds like somebody doesn 't know what they are talking about or they are trying to intimidate you into doing something. The first always has priority. In the current market, I would be surprised if anyone would actually do what BOA is suggesting. Yes, this happened from time to time in the old days...back when a company might have one or two a week. In most cases right now, bidders will just wait until the first goes to foreclosure to see how cheaply they can get the first claim. Then they will deal with the others if they have to. In other words, the second buyer would have to pay $280,000 for your first (or something very close to it). These days a first that is underwater might sell for 50% (or less) of the mortgage balance depending upon the details. Why pay $280,000 now for something that might only cost $200,000 or $150,000 in a month or two. Many 2nds are completely wiped out by the foreclosure process. Meaning that they have no right to the house after the foreclosure. They must seek payment from the mortgage holder -- you -- directly or get nothing.

  

Posted by: sassy25 on 2009-12-29, 15:10:52

Get it in writing. Usually the auction pays off the first mortgage but you personally must pay the 2nd

  

Posted by: physicist on 2009-12-29, 15:11:22

The first mortgage holder generally has the first rights to any money available due to a foreclosure sale. So, IF BoA somehow sold your home they would now owe the 280k to the first position lien holder, BoA would get whatever is left after the 1st is paid.

  

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