REI Wealth Magazine Featuring Paul Finck | Page 59
Let’s look at an example and see how this might play out; in our
previous example, the property was worth $1,400,000, the first was
$800,000, and the second was $200,000. Let’s presume that the
borrower stopped making payments on both the first and second
mortgages. Both loans have a maturity date five years in the future.
If the first files foreclosure, the second could cure the first by
making only one mortgage payment to them. Now it is true that
most lenders will not immediately file a notice of default after 30
days, but the point here is for the second to make the first mortgage
cancel or delay [even temporarily] its foreclosure, so the second
mortgage can start its own foreclosure for two main reasons; it puts
the second in a situation where in the first does not foreclose out the
second, and it allows the second to credit bid its loan at the time of
the trustee sale.
Now it is true that, if the second does not make any more
payments to the first [other than the one to get the first to stop its
foreclosure], the first may start a foreclosure again, but, the first’s
foreclosure will be after the second mortgage has completed its
foreclosure, buying time for the second to deal with the first [or sell
or refinance the property] if the second is ultimately the high bidder
at auction. If another bidder outbids the second, the first would get
paid, the second would get paid, and the owner [borrower who
defaulted] would pocket the difference.
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