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Aug
10

Can my house be taken if I default on my line of equity?

By MSC

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Can my house be taken if I default on my line of equity?

I am currently on a repayment program w/ my first mort. and have been paying it back successfully but have fallen behind on my line of equity payments. Can they foreclose on my house and take it? What happens when you don't pay it?

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Comments

  1. MSC says:
    August 10, 2009 at 4:03 pm
    i would contact them bc its a lien on your property… but your first mortgage has more rights i think.. and it depends on what state you are in
  2. MSC says:
    August 10, 2009 at 4:03 pm
    the short answer is YES!
    but worse is that if your HELCO forcloses on your house
    you might still end up owing money
  3. MSC says:
    August 10, 2009 at 4:03 pm
    Most likely…yes. You probably executed a second mortgage securing the home equity line of credit. If you default by not making payments on your HELOC, then most likely the loan documents allow the lender to foreclose on the second lien. However, just because they legally can, doesn't necessarily mean they will. The second lien lender will also have to pay off the first lien. They won't foreclose if they don't think they can sell your house for enough money to pay off the first lien. Just because they don't foreclose doesn't mean you're off the hook. The second lien is still attached to the property and you will incur default interest on the HELOC. You should do everything you can to make payments on both loans. If you cannot, and you have equity in your home, your best bet is to sell your house before you get too deep in the hole.
  4. MSC says:
    August 10, 2009 at 4:03 pm
    HELOC is secured by the home. If you don't pay it according to terms, yes you run the risk of foreclosure.

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