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Updated over 8 years ago on . Most recent reply

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Ashlee Husa
  • Hesperia, CA
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Foreclosed on junior loan,how do I get first position loan?

Ashlee Husa
  • Hesperia, CA
Posted

. I have a question maybe sameone can answer for me. I foreclosed on a junior loan I had on a underwater property in Southern California,took it to public auction and no one bid so it went back to me,then evicted the previous owner. But because the house was under water,and no equity,the senior loan was never paid,and I can't get on the loan for the first position mortgage because the previous owner won't cooperate with me,and the mortgage company won't talk to me because I'm not on the loan. So for right now I'm making the first position mortgage payments in the previous owners name to keep the first position mortgage from going into foreclosure. My question is what are my options to get on the first position mortgage at this point,and get the previous owner off? And do I have legal rights to rent or sell the home in the mean time? I have a trustees deed 

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Christopher Winkler
  • Specialist
  • Dallas, TX
392
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900
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Christopher Winkler
  • Specialist
  • Dallas, TX
Replied

Yes, a 2nd lien who forecloses will just have the deed subject to the first lien. So keep paying it and either rent it out for a higher price & keep the spread, though you are now a landlord and have to fix anything that goes wrong, fix & flip & pay off the first, or do a seller finance with 10% or more down and 9.5% interest and get those amortized payments. As long as the first is being paid, there is a 1% chance they will call the loan. 

Actually has anyone reading this on BP EVER seen a 1st call a loan that is being paid by someone else?

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