Is it a federal violation or breach for the 2nd mortgage to request additional funds over the amount that the 1st mortgage is willing to pay the 2nd? I have Wells Fargo wanting an additional $34,000 over what the 1st morgage is agreeing to pay the 2nd.
Perhaps it is in the investor guidelines so they are required to ask. They can ask for whatever they want. Subject to negotiation. Sometimes it is a sign that the investors do not want to participate in the short sale. That they feel it is more profitable to foreclose or the servicing pool is making it more profitable by paying out incentives for foreclosure. If this were my file, I would submit the request to the first lender, which undoubtedly will reject, send it and ask for a new consideration.
I have never heard of it being a violation. Some 2nd mortgages participate with 1st lien investor guidelines and other's don't and the gap needs to be closed if possible. Obviously the 2nd needs to be negotiated down or you need to show them the 1st lien investor guidelines.