Skip to main content

Question - First Mortgage dismisses case but Second Mortgage forecloses and sells property, what are the implications?

So I'm looking into investing in a condo that is up for sale on my county's website. I searched into the history of the property and there are two mortgages. The first one being a bank and they did indeed start foreclosure proceedings but then decided to "de-accelerate the loan, withdraw its prior demand for immediate payment of all sums secured by the security instrument and re-institutes the loan as an installment loan." The case then closes. I'm not sure the reason for this but it does seem like there were some responses by the HOA/community association and second mortgagor stating their claims were higher than the banks' claim on the property and perhaps the bank withdraw their foreclosure for this reason(although it doesn't make sense to me but thats all there is to go with on the court history)?

However there is a second mortgage that's worth about 10% of what the first mortgage is worth. The owner of this mortgage also foreclosed on the property and is what is causing the property to go up for auction. So my question being, if I buy this property, it seems I'm also assuming the payments for the first mortgage?

Hope this question makes sense - don't want to go buying a property in case I still have to pay more in the future.

submitted by /u/runner292
[link] [comments]

source https://www.reddit.com/r/RealEstate/comments/ko38g1/question_first_mortgage_dismisses_case_but_second/

Comments

Popular posts from this blog

North Carolina – “One to Buy; Two to Sell”

I realize I will likely have to contact a real estate attorney but also hoping to hear insights and experiences from others! I have a house in NC that I bought by myself in 2009, and paid off, in full, in 2022. I got married in 2023. My spouse and I have not lived in the house as our "marital residence". We have maintained separate residences even after we got married. (That a separate topic!). I am now selling this house. Realtors have told us that my husband has to sign the deed at time of transfer but I am not convinced since the house has not been our marital residence. The realtors like to use the phrase "one to buy; two to sell", which seems like a broad-stroke statement which is not applicable under all circumstances. And of course, the realtors don’t realize the details of my specific circumstances: I purchased and paid for the house in full prior to marriage Only my name is on the deed And most importantly, we have never lived in the house as a marit...

Aren't comps/CMAs useless with buyer credits at close happening now?

I'm looking into buying a new construction townhouse in my HCOL US city. I'm seeing builders offering interest rate buydowns worth $20k-$60k on $800k homes (rather than just lowering prices) in order to keep their comps high for their other units, now that buyer demand has been declining. I asked my agent about these, and he said these buydowns aren't even the full story: buyers can write all kinds of other credits into an offer, like their closing costs, prepaid sewer fees, etc. Apparently cash buyers can just write in a "buyer credit at close" for any amount in their offer. So a new townhouse that appeared to sell for $800k in the MLS might have actually been a cash offer with a $100k+ buyer credit at close, meaning the buyer only spent $700k or less in total, but to the rest of the world they can only see the $800k! So that made me realize I can't trust comps/CMAs for other new construction townhouses. The sales prices could be way lower than they appear...

Co-signing as non-primary resident - effect on size of required downpayment & first time home buyer status?

Contemplating co-signing on a house with my mom and splitting the mortgage payment. I currently have a significantly higher income and much better credit than her. I'm looking at potential home costs and related downpayments but have difficulty using some of the online estimators. From my perspective, this would be somewhat of an investment purchase (I intend to stay in my current location in a different state and contribute to the mortgage), however, for my mom, this would be a primary residence. For purposes of the downpayment size and the type of mortgage arrangement, would it be an investment property or a primary residence? Many thanks for any help. submitted by /u/piercalicious [link] [comments] source https://www.reddit.com/r/RealEstate/comments/km4hvl/cosigning_as_nonprimary_resident_effect_on_size/