Can a financial institution foreclose on my home in MD if they are not the primary mortgage company?
Home Mortgage
v.complex asked:
It’s a signature loan for less than $10k, I live in MD, and the company says it can foreclose my property in 30 days.
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It’s a signature loan for less than $10k, I live in MD, and the company says it can foreclose my property in 30 days.
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February 16th, 2009 at 3:48 pm
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Mortgage companies buy and sell their contracts…… Check to see whether your contract has been handed over to another company…. (They can even sell to an out-of-state bank or company, but they are supposed to advise you re such a transaction.)
Be sure to read the FINE PRINT on your contract. …..You might want to ask for legal advice to protect yourself…..some law offices offer free advice over the phone, (and some use that ad to lure you into their office.)……… Good Luck!
February 18th, 2009 at 10:01 am
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If you failed to pay them, they went to court to collect the money that you owe them and again you failed to make the payment. With the court order and your signature on the contract they placed a lien on your property.
You should check the county court in which you reside to see if they have placed a lien against your property. If they have then they can foreclose on your home.
They do not have to be in the first position to foreclose on your property. Any lien that is not being paid can foreclose, even if you are making payments on the other mortgages.
The solution to the problem if first find out if they have placed a lien against your property.
If they have you should contact them immediately to make some type of plan to pay them of to include refinancing your property if they will not allow you to make monthly payments.
I hope this has been of some use to you, good luck.
“FIGHT ON”
February 20th, 2009 at 6:29 am
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It depends. If it’s a signature loan, they will need to sue you in civil court. Get a judgment against you then place the lien on your house. Once the lien is placed on your house then they can start the foreclosure process.
However, if the loan was a second mortgage or what you thought was a signature loan secured by your house then yes they can foreclose.
Again, depending on how much equity is in your house it’s stupid to foreclose from a 2nd position unless they know they can get more for the house.
For example, lets say you owe a first mortgage $180k on a $200k house and that little 10k personal loan wants to file the lien and foreclose. That little personal loan company would need to pay $180k cash to the first mortgage at the sheriff’s sale then wait 6 months for you to redeem before they put the house on the market. After the house is put on the market and sold they would need to pay realtor fees and other what not fees. Now do you see it isn’t really feasible???