Legal Question in Real Estate Law in California

Foreclosure

I am falling behind on my 2nd mortgage. They sent me a letter stating I need to pay of F/C will be started. My wife is not on the 2nd mortgage note. If the 2nd does foreclose on the property, will it reflect on my wife's credit if the 1st mortgage is paid as agreed? trying to save her credit.

Thanks


Asked on 1/15/08, 8:39 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Foreclosure

There are really two issues or questions here, I think; the first is whether the fact of the foreclosure will show up on her credit report, and I think it will, because credit-reporting agencies use powerful computers to sift through foreclosure recordings and pick out names. If her name is on title as an owner who lost ownership in a foreclosure, that fact very likely will be picked up and reported.

The second question or issue is whether the facts, if picked up accurately, will have an effect on her credit score, especially her FICO score. This is harder to predict. There may be some FICO expert out there in the LawGuru volunteers who can give you a better opinion, but the inner workings of credit scoring are not publicized, being Fair, Isaac & Co.'s trade secrets. My guess is that there will be some negative impact, but it will be far less than the impact of having been a named obligor on the foreclosed loan.

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Answered on 1/16/08, 11:50 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Foreclosure

There are really two issues or questions here, I think; the first is whether the fact of the foreclosure will show up on her credit report, and I think it will, because credit-reporting agencies use powerful computers to sift through foreclosure recordings and pick out names. If her name is on title as an owner who lost ownership in a foreclosure, that fact very likely will be picked up and reported.

The second question or issue is whether the facts, if picked up accurately, will have an effect on her credit score, especially her FICO score. This is harder to predict. There may be some FICO expert out there in the LawGuru volunteers who can give you a better opinion, but the inner workings of credit scoring are not publicized, being Fair, Isaac & Co.'s trade secrets. My guess is that there will be some negative impact, but it will be far less than the impact of having been a named obligor on the foreclosed loan.

Read more
Answered on 1/16/08, 11:51 am


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