QUESTION

How do we sell house after Bankruptcy and get a new home loan?

Asked on Jun 01st, 2013 on Bankruptcy - Arizona
More details to this question:
My husband and I filed Bankruptcy and discharged August 2010 (soon 3 years). We did not reaffirm the mortgage. We have kept paying as if nothing changed. We have had our mortgage since 2003 without any late payments. There's a 2nd mortgage on the house for $40k. We did not continue to pay on that after the BK. Our attorney told us not to. They treated it like a credit card debt. We are in much need of a bigger house now. I'm halfway through my pregnancy and have 2 little ones as well (a 19 month old and 3 year old). We were trying to see what it would take to get approved for a new home loan and have run into nothing but problems. Apparently the second mortgage put a lien on the house. Our mortgage company show on our credit report that it was included in the BK even though we have been making payments. They wanted us to get something signed from our Attorney (I'm assuming this is their way for us to reaffirm the loan). I don't want to do that. I've read from numerous attorneys NOT to do that. Our BK attorney said we could walk away. But if they for close, they could be another 3-4 years to get it out of our name. Plus we have had good history with them. They had been very nice over the phone. Should we negotiate with the 2nd mortgage to see if they will settle for 10 cents on the dollar ($4k) and try to sell the house? We would probably break even after closing costs. We may have to pay a little out of pocket to cover the rest of the loan. We owe $119k on the house. Zillow shows a zestimate of $107-110. They wouldn't make anything after the other is paid off. We are so confused and thought we have been doing the right thing all these years. We live in AZ. ANY help would be greatly appreciated. Everyone we talk to has turned their backs and we feel abandoned and stuck. We have established our credit amazingly. I have a 720 FICO and my husband has a 700 now. I hope there's hope out there for our family.
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4 ANSWERS

Antoinette M. Wooten
Have you already filed for bankruptcy? If yes, how long ago and are you still paying your chapter 13 plan? It is not impossible for you to obtain a new mortgage, however, if you recently filed for chapter 13 bankruptcy or if was only a few years ago that you completed you chapter 13 payment plan you would have to establish that your financial status has improved considerably and will not likely change for the worse in the near future in order to convince a bank to give you a mortgage without a co-signer.
Answered on Jun 06th, 2013 at 1:51 AM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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I had a long and detailed explanation that I just erased. You need to find experienced bankruptcy counsel that you trust and you have to pay them to take a look at your situation so they can figure out the best course of action for you. There are many tactics that I can think of, but you really need a professional that will do the work. Good luck!
Answered on Jun 06th, 2013 at 1:51 AM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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If you want to keep your current house you must pay the second or negotiate a settlement. You can file a chapter 13 which would lien strip the second as long as your home is worth less than what is owed to the first lender. I am sure that your bankruptcy attorney explained all of this. To try to get the second to release their lien, otherwise your only options are to let the house foreclose or pay the first and the second.
Answered on Jun 06th, 2013 at 1:50 AM

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I am only licensed in Missouri as an attorney, so I can not give advice about Arizona law. I believe that the second mortgage will keep a lien on the property until they are paid off or the house is sold. And you can't file a reaffirmation agreement with the court since your case is closed. If you can negotiate something with the second, I would try to do that. Then when you sell the house, the first and second will be paid off through the closing. As another option, you may try to refinance and expand the house that you are living in now.
Answered on Jun 06th, 2013 at 1:50 AM

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