Why would bank foreclosure 2nd, but not 1st?

Why would bank foreclosure 2nd, but not 1st?

Member since 2009 · 6 posts · 3 votes

I've bought at Sheriff's sales before, but only firsts. Several times in just the past few weeks, I've seen a major bank holding both the first and second mortgage foreclose on the small second but not the big first. Maybe the left hand doesn't know what right hand's doing, or maybe it's because payments are more current on the first? I know the Sheriff's Sale of the second won't wipe out the first so they're covered either way, but why would they do this? Could they have some strategy for this or is that giving the banks too much credit?

Though I doubt they're this clever, I wonder if the bank might be trying to find a buyer with funds to buy the smaller second, thus a good candidate to slide into the first? Or maybe they figure they can dupe someone who thinks it's a first into bidding and buying it at a low price, then they POW!, foreclose the first, pocket the cash, move on? I think if I did buy the second, I'd get paid off when the first foreclosed, but I'm not even sure of that.

I'd call the bank to find out, but they won't talk to me about a loan unless I have the owner's authorization to do so, which I don't have for these situations. Have you bought a second behind a first at the sale and if so, what happened with regard to the first?

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  • Investor · Mableton, GA · Member since 2009 · 1k+ posts · 465 votes
    17y

    I may be wrong but legally, the only way to foreclose on the 2nd and not on the 1st, is that the 1st is current but the 2nd has defaulted. The bank don't have the choice sometimes since the bank itself is regulated and bound by the rules of either Fannie or Freddie. The bank also may conclude that the property has enough equity in ( Depend on the area) that it can recoup bigger chunk of the money through sale.

  • Real Estate Investor · Chandler, AZ · Member since 2009 · 12 posts · 6 votes
    17y

    I see this happen quite often. The side of me that doesn't trust the banks would suspect your theory about pocketing the cash has some truth to it. On the flip side, if they are current with the 1st then that is the logical explanation.

    Taking the second is generally not a winning move, but there are cases when it can be in unique circumstances. I find these to be rare in my own experience since a sale or short sale usually happens before those circumstances arise.

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