When the home is sold or foreclosure upon (in the case of a default), the first
mortgage lien holder is paid first and the second
mortgage lien holder is paid later.
The reverse
mortgage lien holder simply has a secured interest in your home as would be the case with a traditional mortgage or home equity line of credit.
Using an extensive set of data on loan performance that we have developed with Equifax, we find that multiple first
mortgage lien holders — that is, people owning more than one home — account for about 40 percent of the dollar volume of seriously delinquent mortgage balances, up from about 5 percent in 2004 (Chart 10).
Not exact matches
The down payment could be protected by a priority
lien and would accrue interest at a regulated rate that could be paid back into the employees retirement account by the
mortgage holder.
«Over 80 percent of all
mortgage holders now have available equity to tap via first -
lien cash - out refinance or home equity line of credit,» Black Knight reported.
A common secured product in the US is a 2nd
lien holder to a home (the first being the
mortgage), called a HELOC (Home Equity Line Of Credit).
The same case applies to the third
mortgage holder if any, who must, in turn, wait for the first and second
mortgage holders to be paid before they can claim a
lien.
* Under certain conditions explained below, FHA will insure first
mortgages where (1) the existing note
holder writes off the amount of indebtedness that can not be refinanced into the FHA insured
mortgage; or (2) either the FHA approved lender making the new
mortgage or the existing note
holder may take back a second
lien that includes closing costs, arrearages or previous secondary financing if the indebtedness exceeds FHA prescribed LTV and maximum
mortgage amount limits.
The bonds are
mortgage - backed so if CSI reneges on its commitments, the property will be sold with bondholders getting a cut of the proceeds after all other
lien -
holders (like the bank and city) are paid off.
The debtor's property is protected from seizure from creditors, including
mortgage and other
lien holders, as long as the proposed payments are made and necessary insurance coverages remain in place.
The
holder of the second
mortgage must agree to «subordinate» its
lien to that of the new first
mortgage lender.
Until the conflict between first and second
lien holders is resolved, loan modification efforts and
mortgage write - down programs will likely be met with very limited success.
If you simply want to refinance the first
mortgage, your total housing debt shouldn't exceed 80 % of your home's market value, or else the
holders of the second
lien may refuse to resubordinate (agree to stand behind the first -
mortgage holder for repayment if you default).
And why buy 2nd
mortgages if there is a 1st
mortgage or can you negotiate with the 1st
lien holder to accept a discount?
What does the first
lien holder do when the 2nd
mortgage is sold?
If borrowers have gone through a modification where the payment wasn't brought current by the existing
lien holder they can be eligible for this program if (1) the modification was made under the terms of the Making Home Affordable Modification Program (HAMP), the loan may close the month following the date the modification was permanent or (2) the modification was a non-HAMP modification, the borrower must have made three monthly payments on time and the modified
mortgage must be current for the month due
As with the example above,
mortgage lenders,
mortgage insurance companies, second
lien holders, and in the case of short sales, the new buyers have to agree to the terms of the loss mitigation program.
The reverse
mortgage lender must be the first
lien holder.
Similar to a
mortgage, if you are late on auto loan payments, the
lien holder can repossess your car and, in some states, do so without going to court.
The
mortgage deed or trust does not have a power of sale clause, therefore the lender, trustee or another
lien holder must take the borrower to court to recover the unpaid balance of a delinquent debt.
She cited two examples in which the contractual rights of first -
lien holders have been trampled on in the aftermath of the
mortgage meltdown: in the federal government's
mortgage modification program, the Home Affordable Refinance Program, which she says modifies troubled
mortgages on the backs of the first -
lien holders, and in the national
mortgage settlement, structured by state attorneys general in the aftermath of widespread foreclosure irregularities by the big banks.
• HAFA will no longer impose a 6 % cap on payments to each subordinate
mortgage /
lien holder.
Wingspan was founded in 2008 to serve the interests of
mortgage insurance companies and subordinate
lien holders.
The practice is legal, and can be done through a person - to - person loan, in which the lender is named as a
lien holder on the
mortgage, or through a Mortgage Investment Corp, in which investors can pool their money to lend to those who either don't qualify for a tradition
mortgage, or through a
Mortgage Investment Corp, in which investors can pool their money to lend to those who either don't qualify for a tradition
Mortgage Investment Corp, in which investors can pool their money to lend to those who either don't qualify for a traditional loan.
As a general rule in Florida, a creditor of a homeowner can not partition or force the sale of property if the property has «homestead» protection (exceptions include
mortgage holders, construction
liens and
liens for ad valorem real estate taxes).
Lien -
holders include
mortgage holders.
• The amount the primary
mortgage holder can pay to subordinate
lien holders has been increased from $ 2,000 to $ 5,000.
Increases maximum incentive to subordinate
mortgage holder (s) to $ 8500 in exchange for a
lien release and full release of borrower liability.
That's because if the buyer defaults on the first
lien, you would be responsible for making up all back payments on both
mortgages, plus all future payments until the primary
mortgage holder forecloses.
In that case the lender may hold back 10 % of the
mortgage money from each
mortgage draw, and the lender will be liable to the owner and any
lien holders if it fails to fulfill its obligations in relation to the holdback.