I can't give a specific answer without knowing more. That said, typically the 1st trust deed holder would get the proceeds of the sale and if not enough to payoff the loan, they would be out-of-luck. The 2nd and subsequent lien holders would get whatever is left and then could sue you for the balance of their liens (unless you have a true purchase money second and then they'd be out-of-luck too) but I digress. At any rate, the 2nd and subsequent lien holders can't seize or lien your property without getting a judgment against you first. So until you've been sued, you're probably okay. One exception is a right ot set off. For example, if you have money on deposit with Wells Fargo and you've defaulted on a Wells Fargo loan, they can take the money out of your account without your prior knowledge or consent. So don't keep money in a bank you have a defaulted loan with unless you want them to seize your account. You should consult a bankruptcy attorney to see what relief is available. Depending on your circumstances, you may save considerable $ and there may be tax benefits to filing as well. Good luck!
Answered on Oct 06th, 2011 at 2:11 PM