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The excess funds from a foreclosure sale should first pay off the senior mortgage. If there is no excess, the junior mortgage is extinguished. As the junior mortgagee, you cannot foreclose on the property itself due to the senior lien, but you can foreclose on the right of redemption instead, which would make you the only party able to redeem the property at the appropriate time.
The excess funds from a foreclosure sale should first pay off the senior mortgage. If there is no excess, the junior mortgage is extinguished. As the junior mortgagee, you cannot foreclose on the property itself due to the senior lien, but you can foreclose on the right of redemption instead, which would make you the only party able to redeem the property at the appropriate time.
The excess funds from a foreclosure sale should first pay off the senior mortgage. If there is no excess, the junior mortgage is extinguished. As the junior mortgagee, you cannot foreclose on the property itself due to the senior lien, but you can foreclose on the right of redemption instead, which would make you the only party able to redeem the property at the appropriate time.
excess should be applied to the payment of the obligation to
the second mortgagee. But if there is no excess, the second
mortgage is extinguished. If you’re the second mortgagee, you can also foreclose, not the property (since you cannot do that because the right of the first mortgagee is superior), b t the right of redemption instead. This is so that y u would be the only one who can exercise it when the proper time comes.