You should never stop paying your first mortgage in order to pay your second, your first mortgage is always your highest priority. Most likely your second mortgage will not move to foreclose, as the first mortgage would need to be paid off in the foreclosure sale and usually a house that has less value than the first mortgage, most houses in the United States are in the situation, because there will not be enough money in the foreclosure sale to satisfy the first mortgage and the second. Although if there's enough equity in your house, the second mortgage company does have the right to foreclose on your home to collect the debt. In this situation the use of a chapter 7 or chapter 13 bankruptcy is advisable. In either form of bankruptcy you may file a motion to remove the lien, if the first mortgage is approximately the value of what the home is worth now and the second mortgage interferes with your Homestead rights. If the motion is allowed, the second mortgage may be stripped and you will not have to pay it back.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Mar 05th, 2014 at 11:02 AM