Foreclosure Question

SandEagle

Lifer
Aug 4, 2007
16,809
13
0
If you take out a home equity on your mortgage and are at the maximum loan-to-value, what happens to the home equity loan when you file foreclosure? Are you still responsible for it? Just curious
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: rrahman1
If you take out a home equity on your mortgage and are at the maximum loan-to-value, what happens to the home equity loan when you file foreclosure? Are you still responsible for it? Just curious

Hah...
 

SandEagle

Lifer
Aug 4, 2007
16,809
13
0
Originally posted by: mugs
Originally posted by: rrahman1
If you take out a home equity on your mortgage and are at the maximum loan-to-value, what happens to the home equity loan when you file foreclosure? Are you still responsible for it? Just curious

Hah...

:) well, i've heard of people doing this: taking out a home equity, using it as a down payment on a 2nd home, and letting the first go into foreclosure.
 

Slew Foot

Lifer
Sep 22, 2005
12,379
96
86
Depends if youre state treats HEL as recourse or nonrecourse. If it's recourse, they can come after you for the money on the HEL if you foreclose (I may have it backward).

 
Jun 27, 2005
19,216
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You'd be better off trying to negotiate a short sale with the bank if you're really in that much trouble. Foreclosure really should be a last option.


Unless, of course, you're trying to perpetrate a fraud like the OP lined out.
 

Pacfanweb

Lifer
Jan 2, 2000
13,158
59
91
The first mortgage gets first dibs on whatever the home sells for. Then whichever subsequent mortage that has a lien on the property is next in line, and so on......
 

Noirish

Diamond Member
May 2, 2000
3,959
0
0
Originally posted by: rrahman1
Originally posted by: mugs
Originally posted by: rrahman1
If you take out a home equity on your mortgage and are at the maximum loan-to-value, what happens to the home equity loan when you file foreclosure? Are you still responsible for it? Just curious

Hah...

:) well, i've heard of people doing this: taking out a home equity, using it as a down payment on a 2nd home, and letting the first go into foreclosure.

if they can't afford the 1st, how the 2nd?
not to mention it's a MAJOR hit to credit if they intentionally did it, sounds stupid.
 

Beattie

Golden Member
Sep 6, 2001
1,774
0
0
You are still responsible for that amount. If you try to take a second to put a down payment on another house, you still owe the amount if that first house is foreclosed on. I guess you could try to convince them into a short sale to pay less, but I dont think they would accept it if you have other property that could stand for the loan.