Contacting 1st lienholder as we are 2nd lienholder about to foreclose

[Robyn J.]

I'm having a difficult time getting 1st lienholder to provide details (payoff) to us as we are 2nd lienholder. They don't know but we're about to foreclose.  I know we are entitled to info but what should I provide & to what dept. Obviously customer service is a waste of time. 

[Dion DePaoli]

@Jon Holdman hit the nail on the head.

You are in second position, they don't have to give you anything.  You are NOT entitled to any of their records nor do they have to communicate with you on the matter.  You have a right of redemption 'if' they foreclose.  That is not a right to their records if 'you' foreclose.  Newbie misconception.

If the first (or a senior position) forecloses, the junior's right of redemption kicks in which says you can protect the interests granted by the security instrument and redeem (pay in full) the amount due to the first or senior lien holder.  Only a foreclosure action triggers that right.  

The right is only trigger from a bottom up method.  Meaning, only juniors can redeem seniors.  Seniors do not redeem juniors.  An advance made from junior to senior would could be struck down as an advance and would not be included under the provisions of the documents as an advance made to protect the interest of the lien holder.  A junior lien does not stand to infringe on the priority of the senior so the interest of the senior is not in jeopardy thus and advance should not be made. 

There is this notion by folks new to mortgages who are buying junior liens that they can simply advance, any money forwarded by the Mortgagee which is obligated to be paid back as those funds are "solely" deployed to protect the interests of the Mortgagee, to the Senior holder.  The confusion likely comes from the use of the strategy being confused.  Borrower's are protected to an extent from Mortgagee's making advances and then recovering those advances from the Borrower or the collateral.  

If you make a payment on a senior lien, just because you made the payment does not automatically deem that payment an advance under the security instrument and note.  That means, payments made may not be recoverable through the security instrument and note or property.  I could go into more detail on this idea but for this thread it does not seem relative as the OP is planning to foreclose.  

In order to foreclose you have to serve all interested parties.  So the statement the first don't know about foreclosure is likely because you have not formally conducted that required step in the process.  All lien holders and most parties of interest have to be given their right of redemption specifically.  That is the notice that is sent.  They can redeem from you or not.  That is up to them, but you have to serve them 21 days prior to sale or the sale can be overturned or canceled.  (Texas)

The obvious question here, what the heck do you want or need the first lien holder's balance information for if you are going to foreclose?  

It really makes little sense.  It does nothing for you nor do you needed it or can use it for anything.  Which is why you are also not getting and likely will not get it no matter how many times you call.  I wouldn't give it to you if I was the first.  It serves no purpose but to put the Mortgagee in liability for breach of privacy.  

Why do you think you want/need the first lien balance?