Legal Question in Real Estate Law in Georgia

Forclosed on my first now the second is coming after me

My home was forclosed on in Feb 2008 by the primary. We had a second ELC on the home as well. a collection agency phoned almost a year later stating the 2nd was not covered by the forclosure. Is this the case in GA? Should they have filed a deficiency judgement? I am I liable for this debt even though i no longer have the home and it was forclosed?


Asked on 1/30/09, 3:18 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Forclosed on my first now the second is coming after me

The collection agency is wrong. Foreclosure of the first wipes out the second mortgage. However, it does not affect the debt. The holder of the second can still pursue you for the amount due; it's just that they don't have a mortgage.

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Answered on 1/30/09, 3:50 pm


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