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1st morgatge forclosed, but not 2nd

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edegies

Junior Member
What is the name of your state?
My ex husband and I purchased a house several years ago in California. A first morgate was taken out for around $55k and a second was taken out for around $13k at the same time for the purchase of the house.

Within a year or so after our divorce the house was forclosed on but only on the 1st. I am under the impression that if the 1st and 2nd were taken out at the same time for the purchase of the house, we are no longer resoponsilble and that they both should have been forclosed on. Any truth? Help?
 


HomeGuru

Senior Member
edegies said:
What is the name of your state?
My ex husband and I purchased a house several years ago in California. A first morgate was taken out for around $55k and a second was taken out for around $13k at the same time for the purchase of the house.

Within a year or so after our divorce the house was forclosed on but only on the 1st. I am under the impression that if the 1st and 2nd were taken out at the same time for the purchase of the house, we are no longer resoponsilble and that they both should have been forclosed on. Any truth? Help?


**A: generally, the second mortgage lender would not file a separate foreclosure action to foreclose, but join in the first action filed by the first mortgage lender. You need to read ALL the court papers as there very well could be a deficiency judgement against you for one or two mortgages.
 

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