NP second in Kansas: Cross Claim or answer out of time?
I have a NP second in KS. Currently there is equity in this home. According to Netronline, the first has initiated FC (in April) but now, according to court info the case is "on hold for loss mitigation" I contacted the attorney of the first lien holder and she was no longer with that firm. When I contacted the firm that is handling the FC they said they were told to put the case on hold-they assumed that they were working things out with the borrower.
I was advised to initiate FC from the second position just to get the process started in case the first drops their case thus I am the next in line (so to speak)
Just got off the phone to an attorney who suggested that instead, I file either an "answer out of time" or file a cross claim into the Sr. FC so I go on record as owner of the second. I was under the assumption that as the owner of the second if the property went to sale and their was excess money It would automatically be paid to the second. He said that this is not the case. He spoke of buyouts and that can occur and that if there was any equity left that the borrowers can assert that equity as theirs even if they have a second that they have not been paying on.
As it stands now, it appears that the borrowers are contesting a lot of the first's FC issue and that being said, I assume that the first has been racking up a lot of attorney fees that would add to the total bill and eat into any equity that my second ever had in the property. Additiionally, I was quoted an attorney bill of $2700 plus $215/hour if my second gets contested. I asked him if I could even just send out a demand letter ($100) but he said that this would do nothing.
I don't completely understand the "answer out of time" or the filing of the cross claim. I have a general understanding of what they are but not really how it is going to help my case. I don't know if I should spend money on this loan or not? Great looking house in a nice area of Overland Park, KS.
Does anyone have any advice on how to proceed? I guess it is just not as simple as filing for a FC on the second in KS.