Foreclosure by junior leinholder when first TD in arrears

Submitted by CeeCee Cole from CA - 04/23/2011 - 10:15pm

I have a first TD with a family member that is in arrears but the family member does not want to foreclose. My second TD is current and always has been for six years. Holder of second found out that the first is not current so he is returning my payments uncashed with hand written notes that he intends to foreclose. He also sent a check to the holder of the first TD saying it was to cure the first but it was only 1/10th the amount that would be required and has not been accepted by the senoir leinholder. It seems that he is trying to put me in arrears on the second TD by refusing my payments so he can pursue a non-judicial foreclosure. Can he do this? Also, the first TD was in arrears six years ago when I took out the second TD and this was disclosed to the lender at the time. Shouldn't he be estopped from foreclosing on the ground that the first is not current? I was 40 payments behind then when I took out the second, and am 60 payments behind on the first TD now.

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