What are my rights if I’m being evicted from my home from a foreclosure of my 2nd mortgage but my 1st mortgage is current?
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What are my rights if I’m being evicted from my home from a foreclosure of my 2nd mortgage but my 1st mortgage is current?
My first morgage is telling me they can’t do that.
Asked on December 30, 2015 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the home is actually foreclosed upon, by first or second mortgagee, then whomever owns the home after foreclosure has the right (but not the obligation) to evict you. However, in foreclosure, you can't be evicted while you still own the home (e.g. not until and unless the foreclosure is complete and you are no longer the owner).
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