QUESTION

Could we sell the house for $170,000, settle with the 2nd mortgage company for $10,000, and use the rest as a down payment on a new home?

Asked on Mar 13th, 2014 on Bankruptcy - Idaho
More details to this question:
We claimed bankruptcy about 9 years ago and had assumed the 1st and 2nd mortgages were reaffirmed. Come to find out, only the 1st was reaffirmed. We owe $130,000 on the 1st mortgage and about $50,000 on the 2nd. Now, we want to move.
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4 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV
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What you are referring to is a short sale. Of course, if you could get the 2nd to agree to let you keep some of the sales proceeds you could do whatever you want with it. The likelihood that they will do so is slim.
Answered on Mar 14th, 2014 at 5:10 PM

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Deborah F. Bowinski
You can settler the second lien for whatever the lender is willing to accept in exchange for releasing their lien against the property. I don't really see why they would want to reduce the amount by 80% if there is value in the property. They still retain their lien and could choose to foreclose if the wish to.
Answered on Mar 13th, 2014 at 5:48 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You can do as you like as long as the lender agrees to accept a lower amount.
Answered on Mar 13th, 2014 at 5:43 PM

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If you can work out an arrangement with the 2nd mortgage company you're able to negotiate any type of deal you want, your prior bankruptcy has no affect on that. The reaffirmation agreements only mean that you are liable on the loans if the home was to be foreclosed. Even though you did not sign a reaffirmation agreement, you still owe the full $50,000.00 on the 2nd mortgage but they cannot try and collect any deficiency against you if the home went to foreclosure. Typically a lender will not negotiate a short sale-where they agree for you to sell the house for less than what is owed on the mortgages-and allow you to keep a large portion of the proceeds. Because you did not sign a reaffirmation agreement on the 2nd mortgage, If you let the house go into foreclosure you will never owe the 2nd mortgage another penny. Depending on which state you live, the same could be true of the first mortgage as well.
Answered on Mar 13th, 2014 at 3:24 PM

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