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Condominium Lien Foreclosures vs. the Rights of Mortgage Holders One of my condominium Presidents asked me to advise him and his Board about the process of foreclosing a condominium lien and how the rights of the Association relate to the rights of a mortgage holder.
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If your first lien has already been modified under HAMP, your second lien, if you have one, is eligible to be either modified or extinguished through 2MP. Your second lien must have been originated prior to January 1, 2009. Under 2MP, your second lien can only be modified once.
Modifications of second loans. Once the first loan is modified under HAMP, if the second loan is eligible (and in most cases it is), it too is either modified or partially or fully extinguished. This program too will expire December 31, 2016.
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A second lien may be modified only once under 2MP. A mortgage loan that is subordinate to a second lien is ineligible under 2MP. Modification or extinguishment of such a subordinate mortgage loan in place of the second lien will not satisfy the servicer’s obligation under 2MP to modify or extinguish the second lien. If a second lien is modified under 2MP, it is not eligible for payment of extinguishment incentives under 2MP.
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There can be several liens at one time on a single property? Lien priority is based on when things get recorded. So let me give you an extreme example to illustrate lien priority. Here is an example situation with about everything that you could possibly come by. We have a 1st mortgage for $250,000 with $15,000 in arrears.
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