Do I really have a 2nd mortgage?

[ivehadit]

I knew this day would eventually come and now that it has it raised some questions. I stopped paying on the 2nd in Nov 09. I have been searching high and low for my loan papers but can't find them in the back of my mind I was wondering is the loan i got really is a 2nd. What got me thinking of this is the process was really easy, my wife and I are both on the first and she wasn't required to sign anything on this loan, is that normal? Now yesterday I get a letter from the banks lawyers stating a lawsuit is being filed against me (wifes name is not included) and I have 30 days to dispute this debt. it goes on to say.

"in the event a judgement is rendered against you the following post-judgement proceedings among others may be instituted.
1. a garnishment can be filed on your non-exempt wages
2. your non-exempt personal property is subject to execution by the bayliff or sheriff of the court.
3. a judgement lein can be filed against all real property owned by your in the state of ohio."

If this really is a 2nd wouldn't they already have a lein on my house? and wouldn't one of the threatened proceedings be to forclose? I'm not gonna get my hopes up too high just yet but if it turns out I can file a 7 to get rid of this I will be one happy camper lol. I plan on seeking a lawyer next week but is their an easy way to verify whether or not I actually put my house on the line when i got this loan?

[newbie2]

Your countys register of deeds would show if there was a lien recorded when you signed for the loan.

Also, they probably wouldn't attempt to foreclose is the value of your home is less or equal to the first mortgage. Many 2nd mortgage holders are doing what is happening to you: Attempting to collect the debt owed through civil procedures and not through foreclosure.

[ivehadit]

the 1st is 145,000 the 2nd is now 28,000. I'm sure the appraisal woud come in far below 145,000 since it's an old farmhouse that has since developed structural damage, a supporting wall in the basement is crumbling a 3ft section is on the floor but they don't know that. What you say could very well be what is happening I just figured they would bring out the big guns to get most bang for the buck, forclosure is the scariest word to me since I want to keep my house and why threaten a lein if they would already have one. I will try to do some research on the deed hopefully that info is online.

[ivehadit]

This can be disregarded, I found in my county recorder where the note is on file and is infact secured against my property. Thanks

[Mensa1]

How do you hold title to the property; jointly with survivorship or tenants in common? Is your wife on title to the property, or is it solely in your name? Thsi does happen once in a while where one spouse is not a recorded record holder of title for one reason or another, but they obligated themselves for a mtg and note (referring to your 1st mtg only here). So if the property is in your name only then it would make sense that the 2nd mtg may not have had your wife sign as an obligee. If the property is jointly held then it is extremely odd that they would not have her sign on the 2nd mtg. Depending on how you hold title this could hamper the lenders ability to enforce the 2nd mtg. It is confusing and complex issue but with more details of how you hold title we can sort it out.