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Old 12-02-2011, 12:12 AM
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Default home equity loan foreclosure question (Please!...

...Serious respectful answers only)? So the short of it. We have two home equity loans. One for a certain equity amount and the other for what was left in home equity to borrow against. We're in the rears on the first HEL but fully up to date on the second. We've worked like hell to pay both in due time however the second loan monthly payment amount was easier to come by. Now we get a letter saying the full past due balance is due or Wells Fargo could pursue foreclosure remedy. Question is, can WF pursue foreclosure on the same house which is borrowed against on the second up to date loan? If they foreclose on the first loan, the house and the second loan that's fully up to date seems to me to remove the house that guaranteed that second loan from the picture. HELP? I don't want to be homeless. And I've grown gray hairs trying to make ends meet on two loans taken out for expenses that were unavoidable. Thank you for serious respectful informative answers.Additional detail thanks to Steve2 . The second lien holder is the same as the first. Wells Fargo. How does that alter the circumstance you mention? Thank you for your insight thus far.
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Old 12-02-2011, 11:29 AM
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the first position mortgage holder (sounds like WF) holds all the cards. The second one may get nothing out of it if WF dumps it for cheap to get their money. So WF can likely foreclose if they want to and the document says they can. You need to go in and have a heart to heart talk with them (an officer, not a desk clerk) to see if you can get some relief to start paying. You might want to consider hiring a counselor to negotiate on your behalf. It can be hard to do your own negotiating even if you know what you are doing. You never said what the house is worth and what the balances and rates are, or what your personal financial situation is, so it is hard to advise further. Neither of these loans sound like original purchase mortgages, so legally they can probably go after your other assets, if you have enough to make it worth their while. Your retirement accounts should be safe tho. If you provide more info, there might be another option or recommendation.
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