Legal Question in Bankruptcy in New Jersey

second mortgages

I live in NY and I hold a second mortgage on a house in New jersey. My question is..if the person fails to pay the second mortgage can I force the 1st mortgagee into foreclosure? Even though he is current with 1st mortgage holder?

He is now 2 months behind in payments


Asked on 9/23/03, 11:39 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: second mortgages

yes. that is the whole point. However, the first mortgage holder has 'priority' (he gets paid in full and the 2nd gets what is leftover).

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 9/23/03, 12:47 pm


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