How will foreclosure on 2nd mortgage work?

[truckerswife]

Filed bankruptcy in September. Chapter 13. 1st mortgage holder had foreclosed and auction was 2 days away when we filed. Past due payments and fees were included in plan (which is current). We have not been making payments on mortgages though. We cannot afford home. Got notice today that 2nd mortgage company is requesting a relief of stay. Since they did not file for foreclosure the first time will the foreclosure process go through the whole notice period or will it just start where the other left off. I don't understand how that works. We have no equity. I am in Ohio.

[HHM]

First, are the first and second mortgages with the same lender?

Usually, when the 1st mortgage forecloses, the lien of the 2nd mortgage is extinguished by that process. Thus, the amount due to the 2nd mortgage (assuming they do not get any money from the foreclosure, which they almost never do) becomes an unsecured debt.

Has the 1st mortgage restarted foreclosure (i.e. requested relief from stay). Since the 2nd mortgage is going to the trouble to foreclose, yes, the process starts over. If the 1st mortgage were to request relief, they could just begin where they left off and simply schedule an auction date. However, it is odd that the 2nd mortgage is initiating relief from stay to foreclose.

[truckerswife]

we got an 80/20 mortgage on the house. 1st mortgage is through Countrywide and 2nd is through Saxon. Get monthly bill from CW showing current month due nothing else from them yet. Saxon never sent anything after bankruptcy.