Most loans are made possible by having some type of collateral to use as security. For instance, when you buy a new car the lender takes a security interest in the car and holds on to that interest until the loan is paid in full. This interest is what allows an auto lender to repossess a vehicle when payments are not made. The same is true when you purchase a house, and use the house as collateral for the mortgage loan. Very few of us can afford to buy our homes outright, so a mortgage on the property is given, to provide assurances to the lender that the loan will be repaid. If not, the lender will initiate foreclosure proceedings to recoup their losses by taking back and reselling the property.
But taking out a mortgage to buy a home is not the only way a house is used for collateral for a loan. Here are some other examples:
• Refinancing your home will require you to use the house as collateral for the refinanced note. If your home is paid off, you will now have a new mortgage on the house and if you are only using the equity in your home you might now have two mortgages.
• A second mortgage is the most common type of loan where your home is used as collateral, and that is the instance of taking a loan against the equity you have built up in your house. A lender will only agree to this type of lending arrangement if the value of the home is significantly more than the unpaid existing mortgage, and will place a second mortgage on the house to ensure repayment.
These types of loans can become problematic if you fall behind on payments. Because if you have two mortgages you also have two payments, and two lenders looking to enforce their security interest in their home. It is not uncommon for a second mortgage holder to attempt foreclosure for non payment, even if you are making the payments on the first mortgage. This is likely to happen if you have equity, because any foreclosure by a second mortgage holder is done subject to the first mortgage. This area of law and a potential foreclosure in this situation is complex, but we can help. Whether the answer is to file bankruptcy, ask for a modification of your mortgage, consolidate debt, or some other solution we can help.
For more information about how to get out of debt, contact us at www.DsouzaLegalGroup.com. We will help by coming up with solutions that work for you.