David R. Barnes

David R. Barnes Kenosha Real Estate Attorney

Posted over 14 years ago.

It is incorrect to say that the borrower is not in default on the second. The borrower may be in default if the mortgage contains an acceleration clause in the event of a foreclusre, which is a common clause. The mortgage needs to be carefully reviewed.

Steven Anderson Leahy

Steven Anderson Leahy Bannockburn Foreclosure Attorney

Posted over 14 years ago.

I stand corrected. Although I did say "unless the agreement provides otherwise."