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Virginia Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Virginia on
Q: Can equity lender foreclose on property, original mortgage is current, equity lender lost promisary note

Our primary mortgage is current, our equity loan is in default, can equity lender have lost the promisary note, can they foreclose?

Paul A. Prados
Paul A. Prados
answered on Jan 17, 2011

If the equity lender has all of its paperwork in order, it may foreclose. Many times they will not in a down real estate market as the primary lender gets paid first from the foreclosure sale.

Lost notes are getting to be less common. There are ways for lenders to avoid the difficulties...
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1 Answer | Asked in Foreclosure for Virginia on
Q: If a property is foreclosed on and a sale takes place how long do the tenants(former owners)have beforethey haveto vacte
Paul A. Prados
Paul A. Prados
answered on Jan 16, 2011

The former owners are considered legal trespassers on the property from the moment of the closing of the foreclosure sale and a request that you vacate. Closing does not usually occur on the same day as the foreclosure sale. The new owner may proceed with a lawsuit for unlawful detainer... View More

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