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Notes -
I think there are definitely laws which could be used to fight against the sort of abusive transactions @Nybbler is proposing, but (in my opinion) it would still be a big problem for a potential lender on a second mortgage. It's sort of like the situation where someone squats in your house illegally and the police tell you that your remedy is to file a civil lawsuit against the squatter. Yes, you have a remedy but that remedy is expensive, time-consuming, and could take months or even years to get results.
In the case of this law, I think it's kind of the same. Second mortgagees are losing a remedy which is (relatively) simple, clean, and effective and receiving one which is complicated, time-consuming, and uncertain.
From the bank's perspective, arguably the reason they are willing to loan you hundreds of thousands of dollars at a modest interest rate is because they know that whatever happens, there's equity in the house which secures their loan.
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