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Updated almost 9 years ago on . Most recent reply

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469
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Benjamin Cowles
  • Cape Coral, FL
32
Votes |
469
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Basic question about foreclosure

Benjamin Cowles
  • Cape Coral, FL
Posted

I've read a lot about second mortgages being served as defendants in foreclosures which has confused me because I had thought the people being served in foreclosure cases were the borrowers. Can anyone clear this up for me? Thanks

Most Popular Reply

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551
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159
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John Kent
  • Real Estate Agent
  • Orlando, FL
159
Votes |
551
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John Kent
  • Real Estate Agent
  • Orlando, FL
Replied

@Benjamin Cowles everyone who has a potential interest in the property gets named as a defendant in a foreclosure suit. The foreclosure action will terminate any interest that they may have. If the named party believes that their interest is superior to the plaintiffs then they can defend it in court since they are notified about the suit. Anyone with a legitimate interest to the property who did not receive proper notice of the suit may still have a claim to their interest after the foreclosure sale. 

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