Can you pay one new mortgage off with another?

Jezebel

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We were unable to sell our current house in negative equity so we got approved for a second mortgage with another bank.
We signed contracts on new house but it's pending probate. Contracts state we close in one week from probate issuing. This coud be next week or next year. We have been told 4-5 weeks for past 4 months.
We have since got an offer on our current house and wish to sell it. To do this we need to get a trade up neg equity mover mortgage with our current bank.
There has been a delay with the approval of the trade up mortgage. If probate issues can we close with our second mortgage and later clear it with trade up mortgage?
 
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