Old 02-18-2009, 06:32 PM   #1 (permalink)
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Questions on deficiency/non-deficiency and 2nd mortgage

Hi all,

I'm pretty confused about the deficiency state thing. I've been trying to research for myself, and it looks like Oregon's law is similar to California's, in that it does not allow deficiency judgments for purchase mortgages - but it also looks like it may allow deficiency judgments for refinance mortgages. That's where my confusion comes in. Our second mortgage was used to pull cash out of the house and pay debt, so does that make it a refinance mortgage?

Also, I called the servicer on my first mortgage, and they said they do offer deed-in-lieu but that I may not be able to go that route with a second on my house. Is that their decision to make?

Thanks for any insight.
Melissa


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