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Under MI state foreclosure and real estate law will foreclosure sale go to pay off both first and second mortgage

If you have a second mortgage along with a mortgage and it goes into foreclosure, will you have to pay off that debt?

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Attorney answers (2)

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Reputation Level 15
Note that I am not licensed to practice in your state.

You will owe any outstanding amount of money from the sale of the home to fulfill the first and second mortage.
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Avvo Pro

Reputation Level 18
There are often state laws that can impact this issue. However, generally if the first mortgage forecloses, unless the bidding at the sale goes higher than the first mortgage debt, the holder of the second gets nothing. If that happens, in most states, the holder of the second has the right to attempt to get a deficiency judgment against you. However, deficiency judgment actions are normally dischargeable in bankruptcy.

You need a consumer law attorney who is knowledgable in foreclosure and bankruptcy. The National Association of Consumer Advocates (NACA) is a non-profit consumer advocacy organization. NACA maintains a web site at www.naca.net where it lists geographically consumer law attorneys all over the US. If you don't already have an attorney, please look there for someone in your area who can help you.
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