Local Professionals
California
(Change Your Location)

Please add 3 and 6 and type the answer here:
Mortgage Rates
30 Yr FRM 5.32% -0.10%
15 Yr FRM 4.77% -0.10%
1 Yr ARM 4.94% 0.01%
5/1 Yr ARM 4.88% -0.11%
30 YR Tres 4.32% 0.00%
Fed Prime 3.25% 0.00%
Q: I have a commercial property that has two mortgages, one from a bank that is on time and the second is from the seller that is past due and is pushing for a foreclosure. How can I stop this and can he close my business down?
  • Unfortunately, a second mortgage, whether held by a bank, a private individual, or the seller of the property is just as valid as any other mortgage. There is no way to 'stop' the lender (seller in this case) from foreclosing if you have violated the terms of that mortgage. In this case, because you are past due, you have breached the agreed upon terms of the loan, so you are subject to potential foreclosure.

    What you need to do is to contact the seller, and to find out from them what they will accept in terms of payments and timing of the payments to avoid the foreclosure action.

    The good news is that, because it is a second mortgage, it is in second lien position. They can force a foreclosure, however once the property goes to sheriff sale the first mortgagemust be paid in full before the second lien holder is paid anything. Because of this, and the likelihood that the second lien holder will not receive any gain from foreclosing, it is unlikely that they will push the foreclosure. Either way, if they gave you a loan to help you purchase the property, and recorded a mortgage that you signed, you need to pay them just as you would any other bank or risk having the property foreclosed upon.


    Answer Submitted on Tue, Dec 9 2008

    Rate this Answer:
    Answer Contributed by: Antonio Cibella
    Antonio F. Cibella
    Consumers Mortgage Corporation
    Mortgage Banker specializing in jumbo lending and FHA lending
    E: acibella@consumersmortgage.com
Submit Answer
This page has been accessed 525 times
Have more questions?  Visit our Consumer Forums and discuss your questions with our network of industry professionals.

Important Disclaimer: Questions and answers provided on the Mortgage News Daily Wiki are general information, and are not intended to substitute for informed professional financial, tax, legal, investment, accounting, or other professional advice. Mortgage News Daily does not endorse, and expressly disclaims liability for any product, service or service provider mentioned or any opinion expressed in these questions and answers. Please read carefully the Mortgage News Daily Wiki Disclaimer.