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Second Mortgage Loan Details
A mortgage is a legal document stating a
secured interest in real property. A second
mortgage refers to a mortgage of second
priority in the event of foreclosure or sale
of the property—that is a mortgage where the
lender can attempt collection only after the
rights of the first mortgage holder are
fully satisfied. Essentially among the
secured lenders the second mortgage holder
stands behind the first mortgage holder and
any liens (claims) filed against the
property prior to the filing the second
mortgage, but before any additional
mortgages or liens filed against the
property subsequent to the filing of the
second mortgage. Second mortgages are
generally used by consumers to ‘take cash
out’ of a home or other piece of real estate
through a home equity loan. Another major
use of second mortgages is as contingent
collateral to secure business and other
non-real estate related debts. That is a
lender may request a second (or even a third
or fourth mortgage) from an individual to
whom they are about to make a large loan
even though that mortgage has no real value
at the present time. For example, a lender
making a basically non-secured loan to a
business or to a consumer for non-real
estate purposes (an auto loan for example)
will commonly request that they be granted a
second mortgage against real estate even the
consumer presently has no equity in the real
property. In this case the lender is using
equity that subsequently accrues (from
principal payments on the first mortgage and
from the rising value of the property over
time) as collateral against default on the
contingent loan. These types of mortgages
generally provide that they will be released
after certain conditions are met regarding
the underlying loan (such as 2 years of on
time payments, etc.).
Do not
make assumptions. If you are unsure about
anything...
ASK YOUR MORTGAGE COMPANY QUESTIONS!
1. Inquire about all fees and costs
associated with this loan, including the
second mortgage interest rate and APR (annual percentage
rate).
As with any
residential mortgage loan....
2. Do not
assume that the mortgage interest of this
loan will be tax deductible. Consult a
qualified tax advisor for potential tax
benefits.
3. Be sure to ask if there is a
pre-payment penalty (prohibited by law in
certain states) for paying off the loan
too early or making substantially large
payments against the principal.
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