Our home has been foreclosed w/ non judicial process in WA state our 2nd mortgage lender filed a lawsuit can they collect?
Tacoma, WA |
Our second mortgage was unsecured debt not a home equity loan or line of credit, simply a mortgage loan. If pressed to go to court can this lender collect if the home was foreclosed in a non judicial manner under WA state law?
A second mortgage lender can pursue a debt against you in court, following a foreclosure by the first mortgage lender. This is assuming there was no equity or proceeds left from the trustee sale that might be applied to the second or junior lienholders.
Initially the second mortgage lender’s debt was secured, but due to the foreclosure of the first, the second is left within nothing, except an outstanding debt. As such, they will pursue collection of the debt against you (whereas, the first mortgage lender takes possession of the home and does not get to pursue collection or deficiency).
If you’re facing foreclosure in WA State, there are some resources that might be available to you for counseling or additional questions check the link below. If you are finding that you have too many outstanding debts, you might try consulting with a bankruptcy attorney. To avoid a default from the court action you will need to appear and answer the summons and complaint, you should consider consulting with an attorney on that as well.
When a first mortgage forecloses on property, the second mortgage company loses it's claim to the property. But you still signed a note saying that you would pay this debt, so even though the property is gone, the debt is still your legal obligation.
In some cases, bankruptcy can provide a way to eliminate this kind of debt, so you may wish to consider this as an option.