QUESTION

What is an "unsecured" second mortgage?

Asked on Jul 23rd, 2012 on Foreclosures - Nevada
More details to this question:
If the home went into foreclosure, can the mortgage company of the second "unsecured" loan attempt to collect? This is in the state of Nevada, are there specific time-frames to consider?
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1 ANSWER

R. Christopher Reade
The law regarding deficiency judgments on foreclosed out junior lienholders changed during the 2011 Legislative Session.  For foreclosure sales occurring after July 1, 2011, a junior lienholder who has been foreclosed out (meaning had its security interest extinguished by foreclosure by a senior lienholder) must file its lawsuit within 6 months after the foreclosure sale.  The statute of limitations used to be 6 years.  Please note that this statute of limitations change applies only to foreclosure and not to short sale; however profound changes to short sale laws occurred also.
Answered on Jul 26th, 2012 at 1:38 PM

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