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Shortfall in paying a second charge
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My partner has 3 second charges on his property and wants to sell his house shortly to release any equity to pay off as much of his debt as possible. However, there will be a shortfall. What happens to these secured loans that aren't paid by the sale of the house? Do they just become unsecured and once it isn't a second charge are you able to potentially renegotiate tha loan amounts/interest with the finance companies?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Mortgagees (lenders) will refuse to seal "release of mortgage" forms unless they are paid (or otherwise satisfied) so he cannot simply sell and leave them unsecured; no-one could safely buy from him.
He would have to offer alternative security (life policies? shares? another landholding?) or find unsecured lending or else strike a deal with them. Failing that, the first mortgagee could repossess if borrower is in arrears, in which case funds surplus passes down from first mortgagee to mortgagee 2 etc. until it's gone.
He would have to offer alternative security (life policies? shares? another landholding?) or find unsecured lending or else strike a deal with them. Failing that, the first mortgagee could repossess if borrower is in arrears, in which case funds surplus passes down from first mortgagee to mortgagee 2 etc. until it's gone.
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