That depends in large part about what you are doing about the first mortgage. If your house has been lost or will be lost to the foreclosure of the first mortgage, then there are two possibilities. The distinction is subtle but it is really important. If the second mortgage was money you originally used to buy the house (like one of those 80/20 loans that were so popular just before the bottom fell out of the world), then your loan is a "purchase money second mortgage". If the first mortgage forecloses they get the house but only the house and you owe nothing more. The purchase money second mortgage just goes away and you owe nothing to them. If the loan servicer was changed, but you did not refinance, it is still a purchase money second mortgage. If the original second mortgage sold the loan to another bank, but you did nothing to initiate the sale, it is still a purchase money second mortgage. If the second mortgage was a refiance, or a Home Equity Line of Credit (HELOC) or anything else that is not a purchase money second mortgage then you will be liable for the obligation once the first mortgage foreclosure is complete. To avoid that liability, you will need to file a bankruptcy. I suggest you rethink your deed in lieu idea. It is very beneficial to the mortgage company but so far as I can tell, there is little benefit to the homeowner. Unless you have already moved out or must move out to accept new employment or some other important reason, stay put, live in the house until it forecloses and take the money you would have paid in mortgage payments and bank it.
Answered on May 29th, 2012 at 1:52 PM