FIRST ANSWER
Of course they can ...but wont. Question! can you afford the 2nd mortgage and if not is it due to any hardships? ? If not consider counsel and file an action and seek to have both loans thrown out. An examiner such as NLS is a case development firm . Your file is audited and that is needed to substantiate your claims. You need to verify your real qualifying capacity to repay, integrity of the offering, instances for the lender straying away from printed guidelines, look for white collar fraud activity , set up the arguments for counsel if necessary in a court of law, comparing the two sets of loan docs and recorded instruments, interview past employees, agents and realtors for litigation purposes and set the file up for counsel. etc.

Finally we do an SEC public records search for the investment offering tied to your loans. Build it (the case) and they will come....Okay....For now you need to consider the lender may be liable for the loans made to you under predatory lending guidelines. It is usually the second mortgage piece that is the toxicity. (Check your loan docs and see where Wells is not the lender). Argument for having the debt DISMISSED!

The second is worthless and you cannot enforce a fraud or bad faith settlement. . Now was any portion of the loans proceeds for cash expenditures where cash out will be treated as a 1099 reporting issue .. .but that offsets with your higher "loan balances versus anticipated sale price. Its an offset to capital gains so…good luck!

The second mortgage can force the sale of your home. The lender in first position would get paid off and the second mortgage could collect anything left over. You need to try to negotiate with your second lender also. Remeber they have a lien. There are people out there that can help you renegotiate the loan. Contact me if your still in need of help, and I can put you in contact with someone to help.

Matt Miner

Keep paying until you get answers. Wells Fargo takes a long time to get back to you. I have had lots of experience with them when I work on sales with my clients. They can start foreclosure on the second, but if you keep paying, there will be a better chance of a modification..or on better terms. Best of luck!

I would keep paying both for as long as possible until you find out if Wells will modify your loan. If you choose to not pay the second, it can drastically affecy your credit score in the future. Try to hang in there until the bank gets back with you....I am sure this is a frustrating process.

Best of luck & Happy Holidays,

Randall Sandin, 843-209-9667, rsandin@carolinaone.com